Date of filing:- 30/05/2019.
Date of Order:-02/01/2020.
DISTRICT CONSUMER DISPUTES REDRESSAL FOURM(COURT)
B A R G A R H
Consumer Complaint No. 38 of 2019
Monu Seth, age about 42(forty two) years, wife of late Fagu @ Fagulal Seth, Caste Dhoba (S.C.) represent of Bargarh W.No.17(seventeen) through Power of Attomey Holder-Sri Suresh Kumar Agrawal, aged about 48(forty eight) years, son of Biswanath Agrawal, R/o. Ambapali, Bargarh Po/Ps/Dist. Bargarh.
..... ..... ..... Complainant.
-: V e r s u s :-
Bargarh Muncipality through Executive Officer, At/Po and Dist. Bargarh.
Secretary Urban Development, Govt. of Odisha, Bhuabaneswar, At/Po. Bhubaneswar, Dist. Khurdha.
...... ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- :- Sri J. Sahu, Advocate with associate Advocates.
For the Opposite Parties :- Ex-Parte.
-: P R E S E N T :-
Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.
Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).
Dt.02/01/2020. -: J U D G E M E N T:-
Presented by Sri Krishna Prasad Mishra, President:-
Brief facts of the case :-
The Complainant is that her deceased husband was running a very petty business at Amapali and was earning his lively hood and maintaining his family, during that period he was instructed by the Opposite Party No.1(one) to deposit an amount of Rs.5,000/-(Rupees five thousand)only so that he would be allotted a pucca stall to run his said business, so with the instruction of the Opposite Party No.1(one) the deceased husband of the Complainant deposited the said amount of money in the office of the Opposite Party No.1(one) making arrangement of the amount by selling the ornament of the Complainant against which he was also issued with receipt by the Opposite Party No.1(one) vide Receipt No.31452 Dt.09.05.2005 by the Opposite Party No.1(one) but to his ill luck he was not allotted with the said assured pucca house till his death even after several request and reminder.
And instead of allotting him the Pucca house, he was served with a notice from the Opposite Party No.1(one) on Dt.29.06.2005 vide letter No.9208 to vacate the place by demolishing the construction made over there, so being surprised the deceased husband of the Complainant asked for the reason and the alleged plot number and map of the same through R.T.I. But to no effect subsequently thereafter he died but till yet neither he was informed nor after his death the Complainant being his wife was informed for which the deceased husband of the Complainant suffered a lot both mentally and physically and financially during his life time and also after his death the Complainant is facing the same trouble which is an act of unfair trade practice and deficiencies service on the part of the Opposite Party No.1(one), and as the Opposite Party No.2(two) is the statutory head of the Opposite Party No.1(one) has been made a party. In support of her case the Complainant has relied on the following documents:-
V.I.C. of Fagu Seth @ Fagulal Seth No.LFM1541994.
Caste Certificate issued by Tahasildar, Bargarh vide Misc. Case No.1671/2007.
Letter from Bargarh Municipality vide No.891(55) to deposit Rs.5,000/- for the shop.
Money receipt of Rs.5,000/- in favour of the Petitioner No.31452.
Letter from Bargarh Municipality No. 1208 directing the Complainant to demolish the suructure.
(a)Copy of the application for information under R.T.I. to show the land where Complainant had constructed the pucca.
(b) Appeal under the R.T.I. Before the Commissioner, Odisha.
Order of the A.D.M. directing the E.O. Bargarh Municipality to supply the copy under R.T.I.
Medical Paper concerning the treatment of the Complainant and her husband.
Power of Attorney executed by Complainant in favour of Suresh Kumar Agrawal.
Death certificate of Fagu @ Fagulal Seth.
Information from the A.W.C. W.No.17 Bagarh about Monu Seth W/o Fagulal Seth.
Having gone through the complaint and the accompanied documents and on hearing the counsel for the complainant the case is admitted and notice was served upon the Opposite Parties but even if the service of summon is found to be sufficient against them non of them appeared before the forum till Dt.08.11.2019 for which they are set ex-parte and hearing in ex-parte was conducted by the Forum.
On perusal of the materials available in the record and on hearing the learned counsel for the Complainant, it reveals that the allegation of the Complainant is clearly evident, to which we don’t have any other option but accept as authenticated evidence against the Opposite Parties most pertinently because of the intentional absence of them before the Forum either personally or through their agent to represent their case if any anything is there with them.
The Notice Dt.02.05.2005 issued by the Opposite Party No.1(one) vide No-891 (55) to the deceased husband of the Complainant demanding Rs.5,000/-(Rupees five thousand)only for the allotment of the land in the Ward No.17(seventeen) at Amapalli Bargarh and asking him to execute an agreement, the money receipt issued by the Opposite Party No.1(one) against the payment made by him, vide Sl No.3145 Book No-63. Dt.09.05.2005, and the subsequent Notice issued by the Opposite Party No.1(one) on Dt.29.06.2005 vide No.1208 directing him to vacate the land in question, on perusal of these documents filed by the Complainant it has been found to be crystal clear to draw an inference against the ulterior motive of the Opposite Party No.1(one) and in as much as the very intention as absence and dishonor to the Notice of the Honorable Forum by an official authorities is taken to be a serious matter of concern as such in our considerate view the Opposite Party No.1(one) has committed unfair trade practice coupled with deficiencies of service and also liable for punishment under the appropriate course of Law other than the Act as such our view is expressed against the Opposite Party No.(one) and since there is no allegation against the Opposite Party No.2(two) by the Complainant we are of the view to exonerate him from any liability, as such our order follows.
O R D E R.
Hence the Opposite Party No.1(one) is directed to pay an amount of Rs.1,00,000/-(Rupees one lakh)only to the Complainant in liue of the mental agony and financial and physical harassment undergone by her deceased husband and by herself after the death of her husband with an interest @ 9 % (nine percent) per annum from the date of filing of the case till date of Order and also directed to pay an amount of Rs.5,000/-(Rupees five thousand)only towards the litigation expenses within thirty days of receipt of the order, in default of which the total awarded amount would accrue an interest @ 16 %(sixteen percent) per annum till the actual realization of the total amount, and the Opposite Party No.2(two) is hereby exonerated from any liability.
In the result the complaint is allowed against the Opposite Party No.1(one) and the Order is pronounced in the Open Forum and disposed off to-day i.e. on Dt.02/01/2020.
Typed to my dictation
and corrected by me.
( Sri Krishna Prasad Mishra)
P r e s i d e n t.
I agree,
( Ajanta Subhadarsinee)
M e m b e r (W).
Uploaded by
Sri Dusmanta Padhan
Office Assistant, Bargarh.
