MILK CHILLING CENTRE Vs. MAHABOOBNAGAR CITIZEN COUNCIL

JUDGEMENT

(1.) THIS revision petition has been filed by the Manager, Milk Chilling Centre, Mahaboobnagar challenging the legality of the Order passed by the State Commission, Andhra Pradesh dated June 24,1989 in CD. A. No.9 of 1989 on its file.

(2.) THE respondent-herein-the Mahaboobnagar Citizens Council represented by its President, Shri K. Ananth Ram filed a complaint before the District Forum, Mahaboobnagar questioning the legality of the action of the Mahaboobnagar Milk Chilling Centre in charging 15 paise extra per half litre of milk supplied in sachets to the consumers at Mahaboobnagar. A further grievance was put forward in the complaint that the opposite party had stopped supply of double toned milk thereby putting consumers to inconvenience and it was prayed that a direction should be issued to the opposite party to sell double toned milk to the public in Mahaboobnagar at Rs.2 per half litre. It was stated in the complaint that the Manager and Executive Officer of Milk Chilling Centre, Mahaboobnagar had informed the public of the town through leaflets that with effect from 1.4.1989, milk with 4.5 per cent fat content will be sold at Rs.2.95 per half litre and that the sale of 1.5 per cent fat double toned milk had been discontinued. According to the complainant, the Andhra Pradesh Dairy Development Cooperative Federation Limited (hereinafter referred to as the Federation) had fixed the rate of milk with 4.5 per cent fat content at Rs.2.80 per half litre and the Manager of the opposite party was illegally charging 15 paise extra per half litre on the plea that he was getting the milk from karnool. Thus the substance of the grievance put forward in the petition was that the Manager of the opposite party was selling the milk at a rate higher than the rate fixed by the Federation and was thus cheating the consumers. It was on this basis that the complainant prayed that the opposite party should be directed to sell milk with 4.5 per cent fat content at Rs.5.60 per litre and that the supply of double toned milk should be directed to be resumed. The complainant also prayed for the award of Rs.5000.00 to him as compensation.

(3.) THE District Forum afforded due opportunity to the parties to adduce evidence and after a consideration of ill the materials placed before it, it came to the conclusion that since the opposite party had only complied with the instructions issued to it by the Federation fixing the rate for half litre milk sachet at Rs. 2.95 including transport charges in case of sale of milk at places whereto the milk had to be transported from distant centres, the levy of such charge by the opposite party could not be said to be illegal. Specific mention was made in the Order of the District Forum that since the Federation had not been made a party to the proceedings, there was no occasion for the Federation to explain the reasons for charging different rates at different places.