Orissa

Jajapur

CC/36/2015

Sobha Panda - Complainant(s)

Versus

B.D.O Rasulpur Block - Opp.Party(s)

Pratap Kumar Ray

11 Sep 2015

ORDER

IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.

 

                                                        Present:  1.Shri Biraja Prasad Kar, President,

                                                                        2.Sri Pitabas Mohanty, Member,

                                                                        3.Miss Smita Ray, Lady Member.

                        

                                       Dated the 11th day of September,2015.

                                       C.C.Case No.36 of 2015

 

Sobha Panda  W/O Late Arakhita Panda

Vill. Khandas, P.O.Jhalpada

P.S. Jajpur Sadar ,Dist.Jajpur.                                                           …… ……....Complainant .                                                                       .

                   (Versus)

1.B.D.O,Rasulpur Block,At/P.O. Rasulpur, Dist.Jajpur.

1.  

For the Complainant:                Sri P.K.Ray, Sri R.K. Mohanty, Advocates.

For the Opp.Parties:                  Self.                                                                                                                

                                                                                      Date of order:   11. 09. 2015.

SHRI  PITABAS  MOHANTY, MEMBER .

                        The petitioner has filed the present dispute  alleging deficiency in service on the part of the O.Ps.

                        The brief  facts as  stated in the  complaint petition in short are that the petitioner is a permanent resident of Vill. Khandas of Mangarajpur G.P . That during  the year 2011 due to high flood the dwelling house of the petitioner was completely damaged. After the death of petioner’s husband her sons stayed separately and did not co-operate her. Due to financially problem she could not repair her dwelling house.

                        During the last panchayat election, the petitioner was not supporting the present Sarpanch for which as per instruction of the Sarpanch the inquiry authority did not include her name in the beneficiary scheme to avail govt. help. After that the petitioner approached concerned Collector as well as  forwarded the written grievance to the O.P. for consideration.

                        The petitioner though has contacted  the O.P several times  and requested him to take steps regarding her grievance but the O.P remain silent without looking to the  grievance of the petitioner . Thereafter finding no other way the petitioner send a legal notice requesting him to consider her grievance. But the O.P slept over the matter. Accordingly the petitioner filed the present dispute before his Forum with the prayer to direct the O.P. to release financial assistance to the petitioner for repair the dwelling house and pay compensation of Rs.20,000/- to the petitioner for his deficiency in service .

                        After notice the O.P himself appeared and filed his written version taking the following pleas:

                        It is a fact that the petitioner had submitted a grievance petition to the Collector, Jajpur for sanction of Biju Pucca Ghar. On inquiry conducted by the Executive Officer, Mangarajpur G.P it is ascertained that the petitioner is a BPL family member and the BPL No.8316 of 1997 stands recorded in the name of Sri Arakhita Pandey the husband of the petitioner . An IAY work order has been issued in the name of her son Niranjan Pandey in the year 2000-2001 vide case record no 68 of 2000-2001 in the BPL No.8316 of 1997.  As per guide lines communicated vide panchayati raj Department  Government of Odisha letter No.17189 dt.20.10.2014 of Biju Pucca Ghar “ 5.1- it has been found that number of deserving and genuinely poor people were left out during 1997 BPL survey and Household survey list of 2002. As those families are deprived of getting IAY house, they are the  target group under this scheme. “ As such the BPL households are not eligible to be covered under Biju Pucca Ghar Yojana. 

                        The fact has also been communicated to Collector, Jajpur vide letter No.1392 dt.13.04.2015 of B.D.O, Rasulpur. Considering the above the petition is devoid of merit and liable to be rejected.

                        On the date of hearing we heard the argument from the learned counsel of the petitioner . We also verified the documents and pleadings of the present  case.

                        Basing on the pleadings and documents available on record we are of the opinion that the petitioner is not a consumer  and he has no way  hired any services of the O.P as a result the dispute  filed by the petitioner is not maintainable before this Fora.                                                                                     O R D E R

                                    In the net result the dispute is dismissed without any  cost.

            This order is pronounced  in the open Forum on this the 11th day of September ,2015. under my hand and seal of the Forum.                                                                                              

 

                                                                                                       (Shri Pitabas Mohanty)                                                          

 (Shri Biraja Prasad Kar )                                                                          Member.                                                                      

            President.                                                             Typed to my dictation & corrected by me

                                                                                                                                                                            

 

 (Miss Smita Ray)                                                                         (Shri Pitabas Mohanty)                                                         

       Member.                                                                                             Member.