K NAGAIAH Vs. CH PRABHAKAR

JUDGEMENT

(1.) This revision petition is filed by fourteen petitioners/complainants against Ch. Prabhakar, Proprietor of M/s. Bharat Electrical and Engineering Shop, Kesamudram aggrieved by the order of the State Commission dated 27.3.1997 in First Appeal No. 243 of 1996 by which the State Commission dismissed the appeal and affirmed the order of the District Forum, Warrangal dated 10.10.1995 in Complaint No. 492 of 1994. Brief facts are :

(2.) The 14 petitioners are small farmers belonging to SC, ST and BC Communities and residents of Chetala Mupparam village. Their applications were recommended by the District Rural Development Agency, Warrangal (DRDA) for granting subsidy for digging wells and installation of oil engines under Special B.C. Corporation, Warangal also sanctioned a marginal money and Andhra Bank accordingly advanced Rs. 10,000/- to each of the complainants for digging wells and paid Rs. 13,000/- for each of the petitioners to the respondent Ch. Prabhakar, proprietor, Ms. Bharat Electrical and Engineering Shop, Kesamurdam for supply of oil engines to the petitioners. The petitioners themselves did not pay any consideration amount to the Bank and the Bank honoured the Government scheme to benefit them.

(3.) It is the case of the complainant that the respondent received Rs. 13,000/- for each of the petitioners from Andhra Bank but did not supply the oil engines to them. They filed the original complaint claiming compensation Rs. 20,000/- each, for damages caused to the standing crops and also the brief settlement Rs. 13,000/- each paid by the Andhra Bank to them. The District Forum dismissed the complaint and held that there was no privity of contract between the petitioners and the respondents, and the petitioners were not consumers. The District Forum further held that the Andhra Bank filed a suit against the respondents and as the suit was pending, no relief could be granted to the petitioners.