By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to pay Rs.5,000/- as compensation for the deficiency of service from the part of opposite party.
2. Brief of the complaint:- The complainant is residing 4 kms away from his old parents house and the complainant is looking after them. The complainant and his father also have separate ration cards. The complainant used to purchase ration item for his parents also. On 17.01.2015, at 11.45 am, the complainant went to the opposite party's maveli store with 2 ration cards and asked to give ration items in 2 cards for him and his father also. But opposite party gave ration item in the complainant's card only and denied to give items in the father's card. The act of opposite party in front of others caused insult, mental agony, difficulty and loss to the complainant. The complainant is legally entitled to get ration items for him and his father also. The act of opposite party is nothing but deficiency of service. Hence prayed before the Forum to direct the opposite party to pay Rs.5,000/- as loss caused due to financial and mental loss and cost and compensation.
3. On receipt of complaint, notice issued to opposite party and opposite party appeared before the Forum and filed version stating that the complainant is not entitled to get ration items in two cards. The complainant is not the beneficiary of one card in which the ration item is denied. One person cannot demand subsidy ration items in two cards which is the general rule followed. The complainant is keeping 2 cards in his possession and getting ration items for his own use. The opposite party produced the copy of Kerala Rationing Order 1986 issued by the Government of Kerala dated 30.05.1997 in which it is stated in paragraph 11 of the order that "no person shall obtain or attempt to obtain any rationed article in more than one ration card issued to him or to the family in which he is included". Further stated that the parents of the complainant is residing 8 km away and the complainant came to opposite party's shop on 17.01.2015 and availed articles in his card and asked subsidy articles in another card named Baby Paul. But he has already availed subsidy articles in an another ration card. It is denied as per the rules and regulations given by the department and prayed to dismiss the complaint on compensatory cost to the opposite party.
4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A3 documents were marked. Ext.A1 is the copy of Ration Card of complainant. Ext.A2 is the copy of Ration Card of complainant's father. Wherein it is seen that the house name of both cards are same. Ext.A3 is the enquiry report prepared by the Depot Manager, Supplyco, Mananthavady on a petition by the complainant. Wherein it is stated that on enquiry it is found that on verification of this records it is seen that for four persons, sugar were allotted more quantity than what actually allowed. Hence the Manager is directed to remit the difference amount to the department. Opposite party also filed proof affidavit and stated as stated in the version and he is examined as OPW1 and Exts.B1 to B4 is marked, Ext.B4 is marked with Objection. Ext.B1 is the page of Ration card in which the details of the availed items are marked in each month for the ration card bearing No.2262041957. Ext.B2 is the Kerala Rationing Order 1966, wherein it is stated that “save as otherwise expressly provided in this Order, no person shall obtain or attempt to obtain any rationed article in more than one ration card issued to him or to the family in which he is included and no person shall obtain under this order any rationed articles unless he- (a). Signs or puts his mark or thumb impression in the space provided for the purpose on the ration card. (b). Registers himself with an authorized retail distributor for the purpose of obtaining his supply of rationed articles and (c). Complies with such other directions which may be issued on this account by the Government Commissioner or Controller. Ext.B3 is the copy of the Ration Card of complainant. Ext.B4(1) is the challan receipt for fine of Rs.28/- is remitted to the department by the employee of opposite party. Ext.B4(2) is the direction given by the opposite party to the staff for remitting the penalty imposed by the enquiry officer.
5. On perusal of complaint, version and document the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service and unfair trade practice from the
part of opposite party?
2. Relief and cost.
6. Point No.1:- On perusal of the Order ie Ext.B2 the Forum found that a person cannot use 2 ration cards and obtain or attempt to obtain rationed article for him and to the family in which he is included. Here in this case, the complainant is residing separately from his parents and he is looking after them and he used to purchase ration item for them also. A son purchasing ration items for his father is not illegal and it is not a mis-utilisation of ration card. The opposite party being the competent officer should exercise his discretion and see the genuity of the demand of a person. In the rationing order produced by the opposite party shows that it is not transferable. But the possessing and availing the benefit of the card by the son of the card holder not amounts to transfer and not a violation of the Order. A general attitude should not be taken in all cases. On perusal of the entire records and arguments, the Forum is of the opinion that there is deficiency of service from the side of opposite party. Point No.1 is found accordingly.
7. Point No.2:- Since the Point No.1 is found against the opposite party, he is liable to pay cost and compensation and complainant is entitled for the same. The Point No.1 is found accordingly.
In the result, the complaint is partly allowed and the opposite party is directed to pay Rs.2,000/- (Rupees Two Thousand) as compensation and Rs.1,000/- (Rupees One Thousand) as cost of the proceedings to the complainant within one month from the date of receipt of this Order. Thereafter the complainant is entitled for an interest at the rate of 15% per annum for whole the amount.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 18th day of August 2015.
Date of Filing:08.07.2015
PRESIDENT :Sd/-
MEMBER :Sd/- MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
Witness for the complainant:-
PW1. Antony. Complainant.
PW2. Baby Paul. Agriculture.
PW3. Shoukath. Agriculture.
Witness for the Opposite Party:-
OPW1. Bineesh. Office in Charge, Assistant Sales Man, Supplyco super Market, Panamaram.
Exhibits for the complainant:
A1. Copy of Ration Card of Antony. V. P.
A2. Copy of Ration Card of Baby Paul.
A3. Letter. Dt:18.02.2015.
Exhibits for the opposite party:-
B1. Copy of Ration Card Page.
B2. Copy of Kerala Rationing Order.
B3. Copy of Ration Card.
B4(1). Copy of Challan Receipt.
B4(2). Copy of Letter. Dt:06.02.2015.
Sd/-
PRESIDENT, CDRF, WAYANAD.
a/-
