KASAM NOORMOHAMMAD UNAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THE opposite parties namely the Divisional Engineer Highways, Nagapattinam against whom an award has been passed by the District Forum in the O.P. is the appellant.

(2.) IT appears that the complainant Ramachandran was a Road Works Contractor. He had entered into an agreement with the opposite party for certain road contract work during 1988 -89. The work was entrusted on 4.7.88 and it was to be completed within 3.10.88. The work has not been so completed. The opposite party gave the complainant Ex. A3 order cancelling the contract. The complainant had collected certain materials and kept them on the road side for the use of the contract work. The opposite party measured this and valued it at Rs. 11,282/ -. They have given credit for this amount in the account of the complainant and after deducting the amount payable by the complainant to the opposite party they arrived at the balance of Rs. 1,041/ - which shall be paid to the complainant. The complainants case is that he has collected materials to the value of Rs. 92,000/ - and without notice to him the contract work has been cancelled and on these grounds he had gone to the District Forum for the payment of the said sum of Rs. 92,000/ - and for damages of Rs. 25,000/ -.

(3.) THE District Forum on consideration of the pleadings and evidence came to the conclusion that the transaction in question involves consideration of extensive evidence and legal points and therefore it is a matter to be decided by the Civil Court. However on one point the District Forum had held that there was deficiency in service on the part of the opposite party. According to the District Forum the opposite party had measured the materials collected by the complainant without notice to him and that is improper on their part and this is deficiency in service. On this finding the District Forum had awarded a sum of Rs. 5,000/ - as compensation.