Orissa

Kendujhar

CC/6/2017

Chankhidi Jena - Complainant(s)

Versus

1. Supply Inspector, Hatadihi - Opp.Party(s)

06 Sep 2017

ORDER

    IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

                                                                        KEONJHAR

CONSUMER COMPLAINT CASE NO.6 OF 2017

Chankhidi Jena,aged about 52 years,

W/O: Jaladhara Jena,

At/P.O: Inchol, P.S: Nandipada,

Dist: Keonjhar, Odisha…………………………………………………………………..……………………………..Complainant

 

Vrs

 

1. Supply Inspector, Hatadihi

At/P.O: Hatadihi, P.S: Nandipada,

Dist: Keonjhar

 

2. Sub- Collector, Anandapur,

At/P.O: Anandapur, Dist: Keonjhar

 

3. CSO, Keonjhar

At/P.O:Keonjhargarh,

 P.S:Town,Dist.:Keonjhar

 

4. Secetary, Inchol, gram panchayat,

At/P.O: Inchol, P.S: Nandipada,

Dist: Keonjhar…………………………………………………………………………………………………………………….Op. Parties

  Present:

          Shri Purusottam Samantara,President

          Smt. B.Giri Member(W)

 

          Advocate for complainant-Self

          Advocate for O.P1, O.P2 & OP3 - None

  Advocate for OP4 –None

 

         Date of filing  - 08.02.2017                                                                                  Date of order- 06.09.2017

 

1. Sri Purusottam Samantara-The set up of the complaint is that the complainant is a bonafide ration card holder under NFSA. The ration card No - 18071510127 of remote village, Hatadihi and eligible to receive the item as usual, but due to arbitrary and vindictive approach of the Supply Inspector, Hatadihi, the ration card receivable are deliberately with held since months.

 

2. It is also submitted, the Inspector of Hatadihi, at the first discussion raised that there is a failure of Aadhar Link, but post correction of Aadhar also the Supply Inspector not able to give the beneficiary the mandatory items and keeping mum in spite of upper officers direction, which is a gross negligence under NFSA-2013 along with Consumer Protection Act. Which needs to be adjudicated and direction be passed to give relief as deemed fit under the law.

 

 

3. Further stated, the complainant retained one ration card No-18071510127 and getting the commodities regularly since November-2016, The Supply Inspector failed to issue ration commodities post Nov. Such mandatory provisional violation made him irreparable loss. Thus made the case in consideration of immediate reliefs as deemed fit.

 

4. The petitioner also prayed for an interim order, u/s 13(3B) of Consumer Protection Act 1986.

 

5. The petitioner relied on Aadhar card, Ration card copy, Authorization copy in photo copies and                                                    affidavit.

       6. On notice, the O.Ps remain non-appeared and without any filing written version on their defense.

 

7. Heard the complainant and perused the materials on record. As the O.P remain non-appeared, we preferred to decide the issue u/s 13(2) (b) &(c) of Consumer Protection Act.

 

8. On fact the complainant is a poor fellow & an eligible household having issued with ration        card No-18071510127 and admittedly getting the sanctioned commodities since issuance till Nov-2016 and onwards from Nov-2016. the authority failed to give the required commodities without any clarification and reasonable basis, Even the non-appearance to the case amplify the respective hierarchy did not respect the law or acted diligently, which per se is a fault and negligence  being apparent.

 

9. Further it is noticed failure in giving the food security, the NFSA section-14 is attracted and chapter-(ix) contemplates the obligation rest on the state and state is represented by the officers to fulfill the obligations. In filing of the case, the callousness and non-diligence action surfaced. Even post surface of such irregularities no steps either taken nor food security Allowance u/s  8  of NFSA Act is immediately allowed. The supply Inspector without reasonable cause stop the fair price commodities that the complainant entitled to and also willfully ignored the direction of the superior authority where being liable to pay penalties. Which again amplify NFSA section -14 provision is trampled on in apparent collusion by the O.Ps themselves setting aside the responsibility & obligation under food security Act for their own ulterior motives and making the state liable for such act or omission. Lastly we come across the complainant suffered having secured provision inforce and mandate under NFSA-2013 which became infructious in the hands field executive that entrusted with.

 

10. Further it is also summed up, One interim order has been pasted on dt 17.05.17 in honour of food security. The order has been neither complied nor by the subsequent authority in charge, which is again expose the deficiency of service committed and manner of performance is defaulted in the non-compliance order that attracts penalization but no such action has been either ensured.

11. In view of the above noted position and in fallible & impeachable evidence, we hold the authorities under NFSA Act 2013 and Consumer Protection Act 1986 committed negligence, fault and non-rendering service as required with, thus liable to pay in underline terms.

       

O-R-D-E-R

1. We hereby direct the O.Ps to supply secured foodstuffs/ commodities as eligible under the NFSA  to the petitioner as entitled to within 7 days of this order and the respective authority is also make its personal supervision to carry the mandate and also filed a comprehensive report in supply of commodities to the beneficiary in question before this forum within 20 days of the order.

 

2. The C.S.O Keonjhar is also directed to give the present Supply Inspector at Hatadihi required direction in compliance to such order, failing the Supply Inspector officer salary be stopped and food security allowance be passed from the pocket of such officer instantly without any demur, till compliance.

(iii) And further also file the details, on where about of the non-compliance officer so that     direction be issued to recover the penalization in force under Order dt 17.05.2017 and further order to pass.

4. In failure of the above terms, the O.Ps will jointly and severally be liable to pay as per the terms of order within 20 days of this order and a penalty of Rs 100/- will be charged till compliance.

 

5. The complainant is directed to produce satisfactory note on availing the service/ receiving commodities before this forum in appreciation of compliance & satisfaction.

 

6. The interim order passed is hereby vacated.

   Copy of the Order be made available to the parties as per rule.

           File be consigned to record room.

     Pronounced, 6^th sept 2017     

                I agree             

                                    

                                    

            (Smt. B. Giri)                                                                                            (Shri Purushottam Samantara)

    Member (W)                                                                                                              President                    

    DCDRF, Keonjhar                                                                                                   DCDRF, Keonjhar  

 

 

 

                                                                   Dictated & Corrected by

 

 

   (Shri Purushottam Samantara)

                                                                           (President)

                                                                    DCDRF, Keonjhar