State Consumer Disputes Redressal Commission
M/S Jain Irrigation System Ltd. vs Sh. Jitender Singh Thakur (Deceased) ... on 25 August, 2023
H. P. STATE CONSUMER DISPUTES REDRESSAL
COMMISSION SHIMLA.
First Appeal No.: 243/2019
Date of Presentation: 09.07.2019
Reserved on: 21.08.2023
Date of Decision: 25.08.2023
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M/s Jain Irrigation System Ltd. Through its Manager Sh. Ajay
Kumar son of Sh. Mool Raj, Jain Plastic Park, P.B.No.72,
Jalgaon, Maharastra. 425001.
.......... Appellant/opposite party No.1.
Versus
1. Shri Jitender Singh Thakur (deceased) through LRs:-
A) Parkash Thakur (wife)
B) Chetan Thakur, son
C) Ambika Thakur
D) Pritika Thakur daughters of deceased Jatinder Singh
All residents of Bishan Cottage, Near Pucca Tank,
Nahan, District Sirmour, H.P.
......Respondent/complainant.
2. The District Nodal Officer cum Deputy Director of Agriculture,
District Sirmour at Nahan, H.P.
.......... Respondents/Opposite party No.2.
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Coram
Hon'ble Justice Inder Singh Mehta, President.
Hon'ble Mr.R.K.Verma, Member.
Whether approved for reporting?1 Yes.
For the Appellant: Mr.Pawan Gautam, Advocate.
For the L.R.s of Respondent No.1:Ms.Divya Rajta, Advocate vice
Sh. Ashok Tyagi, Advocate.
For the Respondent No.2: Mr.Mahender Singh, ADA.
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1
Whether Reporters of the local papers may be allowed to see the order?
M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased
through LRs) & Anr.
F.A.No.243/2019
Justice Inder Singh Mehta, President
O R D E R:
Present appeal is preferred against the order dated 16.05.2019 of learned District Commission, Sirmaur at Nahan, in consumer complaint No. 31/2011 titled Jitender Singh Thakur Vs. M/s Jain Irrigation System Ltd & Anr., whereby, the complaint filed by the complainant was allowed. Brief facts of the Case:
2. Briefly, case of the complainant is that the complainant Jitender Singh (now deceased) was farmer and owner in possession of about 10-06 bighas of agricultural land, situated in Mauza Chonratiya- Banogta, Tehsil Nahan, District Sirmaur, H.P. The State of HP through the opposite party No.2/Nodal Officer floated a scheme in the name and style of "Pandit Deen Dayal Kisan Bhagwan Samridhi Yojna" for the farmers to install poly house in their lands for development of agricultural land and cash crops. The complainant also applied for installation of poly house on his land on an area of 500 square meters in village Chonratiya Banogta, Tehsil Nahan, District Sirmaur, H.P. Agreement dated 09.10.2009 was executed between the complainant and 2 M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.F.A.No.243/2019
the opposite parties and as per the terms and conditions of the agreement, the opposite party No.1/Jain Irrigation System agreed to construct and install poly house as per the specification of the project report on the land of the complainant. As per the agreement, the poly house in all respects on the land of the complainant was to be completed within 90 days from the date of execution of agreement dated 09.10.2009. The complainant was required to deposit 20% amount of the total cost of construction/installation of poly house which amount was deposited by the complainant amounting to Rs.86,116/- on 14.11.2009 with opposite party No.2/Nodal Officer. The opposite party No.1/jain Irrigation System failed to construct and install the poly house within stipulated period of 90 days. The complainant suffered financial loss of Rs.2,50,00/- being net profit which the complainant would have earned from the same if the poly house was installed within stipulated period and failure of the opposite party No.1 to construct the poly house within stipulated period amounts to deficiency in service.
3. The complaint so filed was opposed by the opposite party No.1/Jain Irrigation System by filing reply 3 M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.
F.A.No.243/2019and alleged that Government of Himachal Pradesh had floated scheme in the name and style of "Pandit Deen Dayal Kisan Bhagwan Samridhi Yojna" for installation of poly house on the lands of the interested farmers in Himachal Pradesh. The opposite party No.1/Jain Irrigation System has constructed the poly house as per the satisfaction of the complainant. The official of the department in presence of the complainant and the opposite party No.1/Jain Irrigation System visited the spot and has given satisfactory report regarding construction of poly house on the land of the complainant. There was no deficiency in service on the part of the opposite party No.1/Jain Irrigation System. A prayer for dismissal of complaint was made.
4. The opposite party No.2/Nodal Officer has filed separate reply and alleged that the construction work of poly house was to be completed within 90 days from the date of execution of the agreement. The complainant deposited 20% share of the expenditure amounting to Rs.86,116/-. The said amount was forwarded by opposite party No.2/Nodal Officer to the opposite party No.1/Jain Irrigation System.
4
M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.
F.A.No.243/2019
5. In the rejoinder filed on behalf of the complainant, the allegations as contained in the complaint were reiterated after refuting those of the reply contrary to the complaint.
6. Thereafter, the parties led evidence in support of their respective pleadings.
7. After hearing the parties, learned District Forum allowed the complaint of the complainant against the opposite party No.1/appellant.
8. Feeling aggrieved by the order of learned District Forum, the appellant/opposite party No.1 has preferred the instant appeal before this Commission.
9. We have heard learned counsel of the parties and have also gone through the record carefully.
10. Learned counsel for the appellant has submitted that the impugned order is bad in law and deserves to be set aside on the ground that Court has wrongly directed the appellant M/s Jain Irrigation System Ltd. to construct the poly house whereas the poly house has already been constructed and the completion report of the same is Annexure OP-1/K issued by the officers of the respondent No.2.
5 M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.
F.A.No.243/2019
11. Learned counsel for the LRs of deceased/complainant respondent No.1 has submitted that as per Local Commissioner report, the construction of poly house is incomplete and the learned District Commission below was right in directing the appellant/opposite party to complete the same within 45 days. She further submitted that the impugned order does not require any interference and prays for dismissal of the appeal.
12. Learned counsel for the respondent No.2/Nodal Officer has submitted that the poly house was to be constructed within 90 days but the appellant M/s Jain Irrigation System Ltd. failed to do the same. He prays that the appeal of the appellant be dismissed. FINDINGS
13. The admitted fact which emerges on record is that the appellant M/s Jain Irrigation System Ltd. was given the construction work of poly house on the land of the complainant under the scheme "Pandit Deen Dayal Kisan Bhagwan Samridhi Yojna" vide agreement dated 9th October, 2009.
14. It is further an admitted fact that as per the aforesaid agreement, the construction work of poly house 6 M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.
F.A.No.243/2019was to be completed within 90 days from the date of execution of agreement dated 09.10.2009.
15. The complainant was required to deposit 20% amount of the total cost of construction/installation of poly house, which amount of Rs.86,116/- was deposited by the complainant on 14.11.2009 with the opposite party No.2/Nodal Officer.
16. The complainant (now deceased) disputed the completion of aforesaid poly house within the stipulated period of 90 days from the date of agreement.
17. Per contra, the appellant/opposite party No.1 claims to have completed the construction of poly house on the land of the complainant within stipulated period of 90 days and relied upon the completion certificate, Annexure OP 1/K.
18. The learned District forum below while finding dispute between the parties regarding completion or non- completion of construction work of poly house, appointed Sh.Mohd. Iqbal, Advocate as Local Commissioner vide its order dated 19.02.2016. The said Local Commissioner visited and inspected the spot in presence of counsel of the 7 M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.
F.A.No.243/2019parties and thereafter, filed his report dated 24.05.2016 alongwith the photographs of the spot.
19. The report of the Local Commissioner is based on the factual position of the spot. The photographs of the spot filed with the report indicate that construction work of poly house at the spot is incomplete. The appellant/opposite party No.1 did not prefer to file objections to the report of the Local Commissioner.
20. The completion certificate, Annexure OP1/K relied upon by the appellant/opposite party No.1 is contrary to the report of the Local Commissioner. The completion certificate, Annexure OP1/K does not show on what date work in question was completed, therefore, reliance can be placed on the said document.
21. In view of above discussion, we do not find any substance to interfere with the impugned order. Consequently, appeal of the appellant/opposite party No.1 M/s Jain Irrigation System Ltd. is dismissed and impugned order dated 16.05.2019 passed by learned District Forum, Sirmaur at Nahan, H.P, remains upheld.
22. Parties are left to bear their own costs. 8 M/s Jain Irrigation System Ltd. Vs. Sh. Jitender Singh Thakur (deceased through LRs) & Anr.
F.A.No.243/2019
23. Certified copy of order be sent to the parties and their counsel(s) strictly as per rules. File of District Commission alongwith certified copy of order be sent back and file of State Commission be consigned to record room after due completion. Appeal is disposed of. Pending applications, if any, also disposed of.
Justice Inder Singh Mehta President R.K.Verma Member Manoj 9