DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.37 OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

                  Sri Purna Chandra Tripathy       - Member .

T. Gangadevi Patra, aged 55 years

W/O: Late T. Babuji Patra

At- Jaganath Market, Main Road,Phulbani

Po/PS: Phulbani Town,Dist : Kandhamal                                     ……………………….. Complainant.

                                Versus.

Executive Officer, Phulbani Municipality

At/PO- Masterpada PS: Phulbani Town, Dist: Kandhamal       …………………………….. OPP. Parties.

For the Complainant: Self.

For the OPP. Parties: None.

Date of Order: 28-11-2017

                                                                              O R D E R

                                                The case of the Complainant in brief is that her husband was staying in his residential house in ward No. VII of Phulbani Municipality vide holding No. 102, but he died on 02-06-2017. She is staying in the residential house of her late husband with family members at present.  The Complainant approached in the office of the O.P to change her name as the O.P imposed holding tax in the name of 4 persons jointly. During life time  her husband had deposited Rs. 4,700/- towards holding tax on 09-05-2015 in connection with C.C No.33 of 2011 of the file of the Sub Collector , Kandhamal Phulbani . Her husband had also deposited Rs. 3,000/- on 26-10-2016 before the Tax Collector of the Municipality, but the receipt was given to him in the name of one Anirudha Deepa who is at present not alive.  The O.P was not listening any thing, as a result of which she is suffering mentally and financially and filed this complaint against the O.P. The Complainant prayed for a direction to the O.P to change the name of the Assessee of the holding Tax of her house into her name by correcting the holding number of her house. She also claimed compensation of Rs. 10,000/- for her mental sufferings and for litigation cost.

                                                The O.P was set exparte as he failed to appear in spite of getting notice.

                                                                                                -2-

                                                We have heard the Complainant and gone through the copies of documents filed by the Complainant in support of her case. We have also perused the complaint petition. It reveals from the receipt of holding tax that her Late Husband T. Babuji Patra was the consumer being the assessee of Holding Tax under the O.P. After his death the Complainant is also bonafide consumer being his wife. At present the Complainant is staying in the said house of her husband with her family members. Hence, she should be the assessee in respect of holding number of her house under ward No.Vii of the Phulbani Municipality. Accordingly the complaint filed by the Complainant is allowed exparte against the O.P.

                                                The O.P is directed to visit the house of the Complainant and to change her name as assessee of the concerned holding number in ward No.Vii of the Phulbani Municipality instead of other names. The O.P is also further directed to issue the holding tax receipt in the name of the Complainant in future. The said order be complied by the O.P within 30 days from the date of receipt of this order otherwise the Complainant shall be liable to get compensation of Rs. 3,000/- from the O.P towards her sufferings.

                                                With the above direction the C.C is disposed of. Supply free copy of this order to both the parties at an early date.

MEMBER                                                                             MEMBER                                                      PRESIDENT