The Times of India 11.08.2012
Saptah hawkers to get Rs 65K compensation from Mormugao municipal council
MARGAO: The South Goa consumer disputes redressal forum (SGCDRF) has directed the Mormugao municipal council (MMC) to pay compensation ranging from 20,000 to 25,000 to two vendors for its failure to provide space during Vasco Saptah fair in 2004, even after the vendors had paid an advance licence fee of 400.
Shaila Vernekar and Geetanjali Raikar, both residents of Margao, had
booked hawkers' spaces with the MMC for the Saptah fair from August 24,
2004, to August 28, 2004. But when they went to set up their stalls,
both were surprised to find that their spaces were being occupied by
somebody else. When the duo brought the matter to the municipality's
notice, the civic body expressed its helplessness and failed to provide
them the spaces booked by them in advance. Both vendors later filed
separate complaints before the consumer forum.
The SGCDRF
has awarded an amount of 25,000 to Vernekar and 20,000 to Raikar (in
separate judgments) towards the net profit which they would have earned
had they conducted their business in the allotted space. They are
entitled to be paid 9% interest on the amount from the date of filing of
the complaint until realization. Besides this, the forum also ordered
that an amount of Rs 10,000 be paid to both the vendors, as damages
towards mental agony and inconvenience caused to them.
The
three-member forum led by SGCDRF's president Jayant Prabhu rejected the
defence put up by the MMC that there was some error in their
computerized system. The forum observed that the MMC had failed to
substantiate its claim that the other persons (to whom the spaces booked
in advance by the complainants were allotted) had also applied for the
hawkers' space.
"This forum therefore has every reason to believe that one of the
officers from the MMC has manipulated the space allotted to the
complainants for an illegal consideration," the order states.
The forum also turned down MMC's argument that the complainants had
failed to be present at the fair venue to take charge of the spaces
booked by them. The forum observed that "such an excuse seems to be
fabricated only to shield the concerned officer of the MMC, who has
manipulated the computer records for his personal gain".
The
forum has directed MMC's chief officer to conduct a departmental inquiry
"to find out the irresponsible officer who has manipulated the records
and/or to find the officer involved in denying the space which the
complainant was legally entitled to". "The chief officer, therefore,
shall recover the damages awarded to the complainant from his salary in
installments," the order states.
