LAWS(NCD)-2015-4-281

BIHAR STATE SCHEDULED CASTES CO,OP DEVELOPMENT CORP ; DISTRICT EXECUTIVE OFFICE BIHAR STATE SCHEDULED CASTES CO-OP DEVELOPMETN CO Vs. KRISHNA RAM

Decided On April 09, 2015
Bihar State Scheduled Castes Co,Op Development Corp ; District Executive Office Bihar State Scheduled Castes Co-Op Developmetn Co Appellant
V/S
Krishna Ram Respondents

JUDGEMENT

(1.) Shri Vijay Kumar, Advocate on behalf for Shri Krishna Ram, complainant has filed his vakalatnama in both the cases which are taken on record.

(2.) Brief facts are that complainant- Mr. Krishna Ram was sanctioned a loan of Rupees One Lac by Bihar State Scheduled Caste Cooperative Development Corporation, Patna/OppositeParty for Poultry Farm business under Anuvini Scheme. He was asked to deposit 5% as promotor's amount. A sum of Rs.50,000/- by cheque was given to the complainant for construction of shed, which was received by him on 29.12.1998. Opposite parties by letter no.268 dated 23.12.1998 directed the approved supplier Shri Om Prakash, Patna to supply 1000 chicks to the complainant. After paying Rs.50,000/- for the construction of shed, opposite parties showed utter negligence in paying rest amount of Rs.50,000/- for purchase of chicks and also showed negligence in granting receipt of Rs.5,000/- towards the promotor's amount. Hence, a consumer complaint was filed before the District Forum against the opposite party alleging deficiency in service on its part.

(3.) Opposite parties contested the complaint and filed its written statement stating that complaint was barred by time and complainant failed to deposit the Promoter's amount of Rs.5,000/-. It denied the allegation that completion report of the shed was not accepted by Palamau District Office of Corporation at Dalltonganj. It was also stated that balance amount of working capital was paid to the approved supplier for supplying chicks. Thereafter, it was complainant's duty to receive chicks from the supplier. A Criminal case was also filed against the said approved supplier for misappropriation of Govt. money. According to the opposite parties nothing remained to be paid out of the loan amount to the complainant.