DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SUBARNAPUR
C.D. Case No.09 of 2017
1. Kanchana Meher, W/o. Sudam Meher, aged about 42 years, Occupation – Proprietor of Stitching Centre, Gita Enterprices, Subalaya.
2. Sudam Meher, S/o. Late Sadhaba Meher, aged about 46 years,
Both are R/o. Subalaya, P.O./P.S. Subalaya, District - Subarnapur
………….. Complainants
Vrs.
1. General Manager of District Industries Center, Sonepur.
2. Director of Industries, At – Killa Maidan, P.O. Boxibazar (GPO) Cuttack-1, Odisha,
3. Smt. Mina Kumari Behera, G.M. Regional Industries Center, Jail Road, Mudipada, Sambalpur.
4. Basudev Ghadei, I.P.O. now in the post of I.P.O. of District Industries Center, At P.O. Pipili, Block – Puri.
………….. Opp. Parties
Advocate for Complainant ………. Sri S.P.Sahu
Advocate for the O.P. No.4 ………. Sri N.K.Tripathy
Present
Sri S.C.Nayak, President
Smt.S.Mishra, Lady Member
Sri H.Padhan, Male Member
Date of Judgment Dt.18.08.2018
J U D G M E N T
By Sri S.C.Nayak, P.
The facts of this case lies in a narrow compass.
The complainant No.1 is the proprietor of Gita Enterprises, Stiching Centre, Subalaya whose registration No. is 120 dt.21.1.2013. There was resolution passed in the meeting held under the Presidency of G.M. D.I.C., Subarnapur on 21.5.2013. As per the resolution of the said meeting the complainant was entitled to CIS @ 12% amounting to Rs.53796/- and the complainant decided to recommend for sanction of CIS to the tune of Rs.53,796/- to Director of Industries Odisha.
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As per above resolution complainant borrowed a sum of Rs.1,00,000/- from S.B.I., Birmaharajpur. But she could not receive the subsidy amount of Rs.53,796/-. She alleged that she came to the office of D.I.C., Subarnapur several times but the subsidy amount could not be released in her favour. Hence she has filed this complaint case seeking compensation and cost of litigation.
The O.Ps. were noticed in this case. All the O.Ps. entered appearance. But except the O.P. No.4 other O.Ps. neither filed written version nor participated in the hearing despite sufficient opportunities given for the said purpose. We have heard learned counsel for the O.P. No.4 and perused the written notes of submission of the Advocate for complainants. We have also perused the materials on record.
In this case the seminal question that hinges for our consideration is :
i). Has there been deficiency of service by the O.Ps.
The advocate for O.P. No.4 submitted that the O.P. No.4 has not committed any deficiency of service. We have perused the complaint petition. The complainants have not whispered a single word against this O.P. in their entire complaint petition. We have also not observed any deficiency of service on his part. Now it is to b e seen whether the other O.Ps. have committed any deficiency of service or not.
We have perused the materials on record. We have perused the resolution held on 21.5.2013 filed in this case, copy of this resolution has been sent to the Director of Industries Odisha Cuttack vide Memo No.765 dt.22.5.2013. But from the R.T.I. documents filed by the complainant No.1 we find that corrigendum is issued in continuation to the office memo No.765 dt.22.5.2013 by the G.M., D.I.C. Subarnapur. As per the said corrigendum the CIS proposal of M/S. Gita Enterprises of complainant No.1 is modified to the tune of Rs.14,736/- as the complainant No.1 is
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eligible for CIS at the rate of 12% only on plant and machinery of amounting to Rs.1,22,800/-. This corrigendum was sent to Director of Industries Odisha Cuttack. But it is not known while making this modification whether the complainant No.1 has been heard or not. If any document was required to be produced by her she could have been noticed. The modification of the CIS is an unilateral action of the O.P. No.1.
Be it as it may at least the complainant was entitled to this amount of Rs.14,736/-. But it is surprising that this meager amount has not been disbursed by the O.P. No.1. till this date. We find that the additional Director of Industries has sent letter to the G.M., D.I.C., Subarnapur for disbursement of CIS to M/s. Gita Enterprises of complainant No.1 copy of same letter has been supplied to the complainant No.1 vide Memo No.5516 dt.24.5.2014 of the office of the Director of Industries Odisha Cuttack. But inspite of this also the G.M., D.I.C., Subarnapur has not taken any step to disburse the C.I.S. This is gross negligence and deficiency of service on the part of the O.P. No.1.
Now it is to seen to what relief the complainant is entitled. The complainant No.1 is at least entitled to get this amount of Rs.14,736/-. Further the complainant No.1 alleged that she has gone to the office of G.M., D.I.C., Subarnapur for 35 times. The O.P. No.1 has not disputed this by filing written version. Further more the tiny business enterprise of complainant No.1 suffered financial loss. So the complainant No.1 a lady of a remote village of Subarnapur district has suffered mentally, physically and she has also suffered loss in her business due to the inaction of O.P. No.1.
So taking the totality of the facts and circumstances into consideration. We are of the considered opinion that an amount of Rs.40,000/- as compensation for deficiency of service and Rs.3500/- towards cost of litigation would meet the ends of
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justice. So the complainant No.1 is entitled to Rs.58,236/- in total. We direct the O.P.No.1 to pay this amount to the complainant No.1 within one month from the date of order. Ordered accordingly.
O R D E R
It is hereby ordered as follows :-
The O.P. No.1 shall pay to the complainant No.1 Rs.58,236/- (Rupees Fifty eight thousands two hundred thirty six) only within one month from the date of order.
Dated the 18th August 2018
Typed to my dictation
I agree. I agree. and corrected by me.
Sri H.Pradhan, Smt.S.Mishra, Sri S.C.Nayak
Male Member Lady Member President
Dt.18.08.2018 Dt.18.08.2018 Dt.18.08.2018
