EXECUTIVE ENGINEER LOK NIRMAN VIBHAG Vs. CHANDRAKALA YADAV

JUDGEMENT

(1.) This appeal is directed against the order dated 5.11.2001 passed in Case No.27/2001 by the District Consumer Disputes Redressal Forum, Rajnandgoan (for short the 'district Forum'), whereby the complaint for deficiency in service in forfeiture of the earnest money of Rs.15,000/- was allowed with an order to return the amount of Rs.14,000/- with interest thereon at the rate of 10% p. a. from 1.4.1999 alongwith Rs.500/- as costs of the proceedings.

(2.) The facts giving rise to this appeal are thus : That an auction was held for realization of toll tax of Kotri Pul for the period 1.4.1999 to 31.3.2000 in that respondent also participated and deposited Rs.14,000/- as earnest money as per conditions of auction. The highest bid of Rs.3,02,000/- was of the Contractor Sukhram of village Salhe Manpur, District Rajnandgoan which was accepted and a letter was issued to him on 27.3.1999 to execute the agreement. However, the said bidder did not enter into agreement, therefore, the respondent who was the next highest bidder whose bid was of Rs.3,01,000/- was accepted and was intimated to execute the agreement vide letter dated 31.3.1999. The respondent did not agree to execute the agreement therefore, earnest money of Rs.14,000/- deposited was forfeited as per Condition No.13 of the auction. The respondent served a notice under Sec.80, C. P. C. and thereafter filed the complaint before the District Forum.

(3.) After hearing learned Counsel for the parties and on reappraisal of evidence on record, without expressing any opinion on merits we are of the opinion that dispute was not a consumer dispute for deficiency in service as hiring or rendering of service by the State Government for consideration was not involved, as after execution of the contract the respondent was to realise the toll tax under the contract.