Date of Judgement Dt.23.11.2011

J U D G E M E N T

By Sri  S.C.Nayak, P.

            The complainant Guna Sagar Panda has filed this complaint case alleging deficiency of service on the part of the O.Ps.  

            The case of the complainant is that he is a consumer A.P.L. Card holder of village Buthipadar.

            The O.Ps. are the Secretary and President of Jaya Sriram Rare Swayam S.H.G. of Buthipadar to whom P.D.S. materials like wheat and K.Oil are allotted by  the civil Supplies Department of Sonepur for public distribution.

            It is alleged that the O.Ps. are with dishonest intention distributing P.D.S. materials in lesser quantity. The complainant alleged that the O.Ps. on 1.1.2011 distributed 7 Kg. of Wheat in place of 9 Kg.  They are also distributing  3 Liters K.Oil instead of 4 Liters. The complainant also alleged the O.Ps. are issuing Kerosene in the name of dead person and by false entry they have misappropriated huge sum of money. The complainant has filed R.T.I. report in order to show that the O.Ps. have misappropriated 405 liters K.Oil every month. Hence t6he complainant has claimed Rs.50,000/- for mental torture and Rs.50,000/- towards financial loss.

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            The O.Ps. were noticed in this case. Inspite of receiving notice they have not filed any written version this case. We have heard the learned counsel for the complainant and perused the materials on record.

            Admittedly the complainant is a A.P.L Card holder. But in view of the recent decision of the Hon’ble National Commission in the case of Maheswar Patra Vrs. B.D.O.  and others reported in 2011(4) C.P.R.  62 N.C. this complainant cannot be treated as a consumer within the ambit of C.P.Act. In para 3 of their order the Hon’ble National Commission in the case mentioned Supra has observed   X  X  X  X  X “ Therefore, the short question that has arisen before us in this case is as to whether the complainant is a consumer under the Consumer Protection Act, 1986 and whether his complaint is maintainable under the C.P.Act. The undisputed facts of this case indicate that the grievances of the complainant is in respect of distribution of ration commodities through the public distribution system by the District Authorities. This being the admitted position, the petitioner will not be covered within the definition of a consumer under the C.P.Act nor the respondent authorities be called the service providers qua the distribution of ration under the P.D.S.” The complainant has raised serious allegations against the O.Ps.  It is the policy of the Govt. that the beneficiaries should get the P.D.S. materials at subsidized price. Any irregularities in this matter is required to be dealt with a heavy hand. Since this forum does not have jurisdiction to delve into the matter, we are not in a position to give any relief to the consumer. However since this is a matter which requires prompt attention the complainant may meet the District Collector in his grievance cell for Redressal of his grievances. He may also initiate criminal action against the O.Ps. with clear proof. Save as aforesaid this complaint is dismissed.

            Dated the 23^rd day of November 2011

                                                                                             Typed to my dictation

                 I agree                             I agree.                          and corrected by me.

         Smt. N.Parwin,               Sri A.Mishra                          Sri S.C. Nayak

            Lady Member                     Male Member                                 President

           Dt.23.11.2011                 Dt.23.11.2011                            Dt.23.11.2011