| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA C.C.No. 242 of 24-8-2023 Decided on : 31-10-2023 Jasvir Singh S/o Mukhtiar Singh R/o Ward No.13, Guru Nanakpura Mohalla Near Vishwas Mandir, Rampura Phul, Tehsil Phul, Distt. Bathinda. ........Complainant Versus Executive Officer, Nagar Panchayat, Talwandi Sabo, Tehsil Talwandi Sabo, Distt. Bathinda. .......Opposite party Complaint under Section 35 of the Consumer Protection Act, 2019 QUORUM Sh. R.L Mittal, President Sh. Shivdev Singh, Member Present : For the complainant : Sh.Ram Manohar, Advocate. For opposite party : Opposite party Ex-parte. ORDER R.L Mittal, President The complainant Jasvir Singh (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Nagar Panchayat (here-in-after referred to as opposite party). Briefly stated, the case of the complainant is that he filed an application U/s 76 of Evidence Act before opposite party for supply of certified copies of certain documents i.e. certified copies of cash book for the years 2020-21, 2021-22, 2022-23 of Nagar Panchayat, Talwandi Sabo; certified copies of the tenders by Nagar Panchayat Talwandi Sabo for the years 2020-21, 2021-22, 2022-23. It is alleged that the complainant deposited the requisite fee of Rs.50/- through Postal Order bearing No.78G 898488 dated 17.5.2023 with opposite party and also promised to pay more fee as required/demanded by opposite party for supply of requisite/demanded certified copies of the documents. It is further alleged that opposite party failed to supply the documents to the complainant despite fulfilling the entire process and it even did not give any reply although as per the provisions of section 76 of Evidence Act, every public officer having the custody of a public document that any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof. The complainant has also referred case law passed by the Hon'ble National Consumer Disputes Redressal Commission, Delhi in case Shri Prabhakar Vyankoba Aadone Vs. Superintendent of Civil Court on 8.7.2022, 1(2008) CPJ 427 (NC). It is further alleged that the complainant also got issued a notice dated 27.6.2023 posted on 30.6.2023 to opposite party, but it neither gave any reply to the application nor supplied him documents. There is deficiency in services on part of opposite party as it has adopted unfair trade practices. On this backdrop of facts, the complainant has prayed for directions to opposite party to supply the certified copies of the documents demanded by him through his application dated 19.5.2023 and to pay Rs.50,000/- as compensation/damages on account of mental tension, agony, botheration, harassment and humiliation and Rs.11,000/- as litigation expenses. Upon notice, none appeared on behalf of opposite party. As such, ex-parte proceedings were taken against it. In support of the complaint, the complainant has tendered into evidence his affidavit dated 24.8.2023 (Ex.C1) and documents, (Ex.C2 to Ex.C6). We have heard learned counsel for the complainant and gone through the file carefully. Learned counsel for complainant has reiterated his stand as taken in the complaint as detailed above. We have given careful consideration to these submissions. The main grievance of the complainant is that he moved an application U/s 76 of Evidence Act before opposite party for supply of the certified copies of certain documents i.e. certified copies of Cash book for the years 2020-21, 2021-22, 2022-23 of Nagar Panchayat, Talwandi Sabo and tenders by Nagar Panchayat Talwandi Sabo for the years 2020-21, 2021-22, 2022-23. The complainant deposited the requisite fee of Rs.50/- with opposite party, but it has failed to supply him documents despite fulfilling the entire process. As per the provisions of Section 76 of Evidence Act, every public officer having the custody of a public document, which any person has a right to inspect, shall give that person on demand a copy of it on payment of the legal fees there for, together with a certificate written at the foot of such copy that it is a true copy of such document or part thereof. Moreover Hon'ble National Consumer Disputes Redressal Commission, Delhi, in case Shri Prabhakar Vyankoba Aadone Vs. Superintendent of Civil Court on 8.7.2022, 1(2008) CPJ 427 (NC) has held that in order to cement his contention that seeking certified copies of public record from a public office under Act by paying the requisite fees and to supply the certified copies of the sought record is not the administrative function of the public department rather the actions performed is not a sovereign function in nature. It does not give liberty to a court or to any public office to decline the information. “ Hon'ble Supreme Court of India (Civil Original Jurisdiction) in case Namit Sharma Vs. Union of India of Writ Petition (Civil) No. 210 of 2012 has held (in the case mentioned supra) that giving the certified copies to the applicant by the officer or any court is not a judicial service but it is an administrative service. Thus any deficiency in administrative services would be amendable to the provision of Consumer Protection Act.” Thus in view of Section 76 of Evidence Act and case law cited above, opposite party was required to supply the certified copies of documents to the complainant as demanded by him vide application dated 19.5.2023. As such, there is deficiency in services on the part of opposite party. Moreover opposite party has not come forward to constest the complaint of the complainant. The evidence of the complainant is unrebutted and unchallenged. Therefore, there is no reason to disbelieve the version of the complainant. In view of what has been discussed above, the complaint is partly allowed with cost of Rs.1000/- against opposite party. Opposite party is directed to supply the certified copies of documents to the complainant as demanded by him vide his application dated 19.5.2023. The compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room. Announced 31-10-2023 - (R.L Mittal)
President (Shivdev Singh) Member
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