Case nº Revision Petition No. 580 of 2012 of National Consumer Disputes Redressal Commission, March 11, 2014 (case Asith Vs G. Manjunath)

PresidentVineeta Rai, Presiding Member and Vinay Kumar, Member
Resolution DateMarch 11, 2014
Issuing OrganizationNational Consumer Disputes Redressal Commission


Vinay Kumar, Member

  1. Complainant G. Manjunath had filed a consumer complaint against the present respondent before the District Consumer Disputes Redressal Forum, Shimoga. The case of the complainant was that the OP Asith, Proprietor, Akshay Enterprises had undertaken, and was paid for, commissioning of a drip irrigation system in 28.28 acres of the complainant's land. The work was executed only to the extent of 18 acres. Due to this under completion of irrigation system, fruit crops planted by the complainant in remaining 10.28 acres suffered heavily. Even the quality of material used was alleged to be inferior to the agreed quality. Due to such incomplete execution of the work and inferior quality, the complainant was also deprived of central subsidy to the extent of the Rs. 4.5 lakh. Per contra, the case of the present revision petitioner/OP was that the work had been fully executed as agreed between the parties. There was no under completion. The consumer complaint was alleged to have been filed as a counter-blast to a money claim of the OP against the complainant.

  2. The District Forum held that the complainant was entitled to receive an amount of Rs. 2,40,364 for the implementation of the drip irrigation system in the remaining area of 10.28 acres, Rs. 50,000 towards labour including the cost of the planting material, Rs 15,000 as compensation and Rs. 5,000 as litigation cost.

  3. The above order of the District Forum was appealed by both parties, before the Karnataka State Consumer Disputes Redressal Commission by a common order of 21.10.2011. The State Commission had dismissed both appeals and confirmed the order of the District Forum. Now a revision petition has been filed against the order of the State Commission by Shri Asith, Proprietor, M/s. Akshay Enterprises, Shimoga, who were the original respondent before the District Forum.

  4. We have carefully considered the records and heard the two sides. Advocates, Ms. Anjana Chandrashekar for the revision petitioner and Mr. Nagaia, for the respondent/complainant, have been heard by the Circuit Bench of this Commission at Bangalore.

  5. The District Forum had first dismissed the complaint on 13.12.2008. Its decision was upheld by the State Commission in the appeal decided on 20.7.2009. However, when the matter went before National Commission, it was remanded back on 17.2.2010 for fresh consideration and disposal by the District Forum. In the second round of consideration of the...

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