MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed C.C.Case No. 72/2022 U/s-35 of C.P.Act,2019 before this Commission seeking following relief:
“ Honbl’e Commission may kindly issue necessary direction to the Ops to sanction the New IAY/Biju Pacca Ghara Scheme & Rs 5000/- be awarded towards mental agony & torture.
Brief fact of this case is that the Complainant is a financial weaker section people & categorized under BPL categories. She was under Governments norms accorded financial assistance under Indira Awas Jojana (IAY) for construction of RCC in the year 2001-2002.In due course, the B.D.O.(OpNo.1) released cement and cash into two phase and thereafter for the reasons best know to the Ops, the rest cash/cement was not released in favour of the complainant and the house remained half constructed. Thereafter Government formulated a new scheme to the effect that the beneficiary under IAY who are granted financial assistance prior to the financial year 2012-13, those who could not able to complete the house due to deficit of funds, if they will return the amount received, they would be eligible to get financial assistance under IAY/Biju Pacca Ghara Scheme under new estimate, which has been circulated vide letter no. 14840 dt. 14/09/2015, 7369 dt. 01/05/2015 of Panchayat Raj Deptt. The above scheme was circulated to Public at large by distribution of leaflets and other modes. The present complainant could not able to complete construction due to non-disbursement of money and materials and she being sewed away with such visible representation in order to complete her half constructed house refunded a sum of Rs. 11,870/- to OP No.1 & they granted vide receipt No. 2005 dt. 20.11.2015.
The scheme of Complainant is availing a Govt. Scheme for beneficiary of it’s Citizen free of cost & no consideration is paid by any citizen. The Complainant has refunded the amount in order to avail a better scheme which cannot be treated as consideration, so the Complainant is not a consumer as defined U/S-2(7) of C.P.Act, 2019 for which we find no merit & accordingly the C.C.Case No. 72/2022 is dismissed.
But while dismissing the C.C.Case ,we observe that Complainant is a poor person & with a hope to get better scheme he has refunded Rs. 11,870/- vide receipt No. 2005 on dt. 20.11.2015. We hope and trust that the Ops shall consider the grievance of the Complainant and settle the dispute within a period of 3 months from the date of receipt of this order in accordance with rules and law & eligibility of Complainant.
With the aforesaid observations the C.C.Case No. 72/2022 is accordingly disposed off. No order as to cost.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 9th day of August,2023
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
