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Judgment
THIS petition has been filed by the petitioner under Section 17 of the Consumer Protection Act namely M/s Purbanchal Commercial Enterprises, Gauhati against the State Govt, and Director of Animal Husbandry & Venterinary Department, Assam, Gauhati and other Officers claiming payment of the two bills dated 17.8.91, amounting to Rs. 82,946.40P, and Rs. 83,888.00P. respectively along with interest at the rate of 18% and compensation of Rs. 3 lakhs (three lakhs).
THE petitioner is a petty contractor and supplied Bajaj Fluorescent Emergency Lights (1 Foot) without Battery to the Director of Animal Husbandry & Veterinary Deptt., Assam Gauhati, and after supply of the articles, 2(two) bills were submitted before the concerned authority. THE copies of the bills have been annexed as Annexures 1 and 2 to the petition. From the bills, it appears that the goods were received, but no payment has yet been made inspite of repeated demands. In fact the amount for one bill was sanctioned, vide Annexure 3. THEreafter, the Director of the Department re-sanctioned both the amounts vide Annexures 6 and 7. By the said resanctioning order dated 28th September,1992, the District. Officer, Animal Husbandry & Veterinary Deptt., Kamrup, Gauhati was also directed to make payment. Inspite of the above orders, payment has not yet been made. Hence, the present petition. Though notices were issued by registered post, but no counter-affidavit has been filed. It may be stated here that Mr. J. Singh learned Counsel for the respondents prayed for the time on 4.12.93, which has been granted by the order passed on that date. .By order dtd. 9.10.93, this Commission also dispose of the petition filed by the present petitioner within a period of one month, but to no avail. The matter came up on 5.2.94 and Mr. J. Singh requested to dispose of the petition filed by the present petitioner within a period of one month, but to no avail. The matter come up on 5.2.94 and Mr. J. Singh submitted that inspite of information being sent, the concerned department did not give him any instruction. After hearing learned Counsel for the petitioner, the order was reserved anticipating that steps will be taken on behalf of the respondents. Till date, no prayer or counter has been filed on behalf of the Respondents.
It is absolutely clear from two bills vide Annexures 1 & 2 that the goods were supplied by the petitioner to the Respondents of the concerned department. The two sanctioned orders at Annexures 5 & 6 would also make it clear that the Director ordered for payment of the petitioner''s bill. But no action has been taken.
THEREFORE, the petition is allowed and Respondents more particularly, the Director of the Department and the District Officer of the Department at Gauhati are directed to pay two bills amounting to Rs. 82,946.40 and Rs. 83,888.00 immediately and positively within a period of two months from today. The petitioner shall also be entitled to get interest at the rate of 12% per annum from 17.8.91 on the above two months till date. If the amounts are not paid within a period of two months, the Respondents shall be liable to pay interest at the rate of 18% per annum. With the above direction the petition is disposed of. Complaint allowed.