Kerala

Idukki

CC/125/2019

Mereena Mery mathew - Complainant(s)

Versus

Grama panchayathu Vazhathope - Opp.Party(s)

Adv.K M Sanu

31 Dec 2019

ORDER

DATE OF FILING :24/06/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of December 2019

Present :

SMT.ASAMOL P. PRESIDENT IN CHARGE

SRI.AMPADY K.S. MEMBER

CC NO. 125/2019

Between

Complainant : Mereena Mary Mathew,

Vilangupara House,

Inchiyani, Aalakkodu Village,

Kalayanthani P.O.,

Thodupuzha Taluk, 685 588.

(By Adv: K.S.Cyriac)

And

Opposite Party : The Birth Registrar (Secretary),

Vazhathoppu Grama Panchayathu,

Thadiyampadu P.O.,

Idukki – 685 602.

 

O R D E R

SRI. AMPADY K.S. (MEMBER)

 

The case of the complainant is that,

 

Smt.Mereena Mary Mathew, the complainant herein is a permanent resident of house No 224 of Ward No 2 of Alakkodu Grama Panchayath. Her mother Smt.Mary died on 03/10/2012 and father Sri.Mathew on 08/11/2018 respectively. It is stated that she was born on 05/01/1998 at District Hospital, Painavu and the opposite party registered the birth as 12/1998 and complainant attained 21 years of age.

 

Another averment is it is understood that, name and address of her father and mother was wrongly entered in the birth register and on enquiry she came to know that one lady Smt.Philomina, Arackapparambil who was the bye-stander in hospital at the time of her birth informed the hospital staff her name and her husband's name as the mother and father of the complainant without any

(Cont......2)

-2-

intention. She found out above Philomina, who was the bye-stander shown above complainant applied for correction in the birth register in form 9 on 06/06/2019 with the affidavit of above Philomina showing the true state of affairs and affidavit of complainant, copy of SSLC book along with birth certificate to the opposite party. It is also averred that nobody except the complainant has raised any claim with regard to birth registered as 12/1998 on 05/01/1998. Another allegation is that even though opposite party has satisfied about the mistake occurred in birth register, he refused to correct the mistake and to issue birth certificate. Thereby the opposite party has refused to extend the service even though she is entitled therefor. This has caused mental agony to the complainant.

 

So she prayed for a direction to be given to the opposite party for making correction in the birth register and give to the complainant.

 

Opposite party filed written version stating the following.

 

It is true that on 05/01/1998, birth was registered as 12/1998 on the basis of birth occurred at District Hospital, Painavu. On 01/01/2004, birth certificate is issued showing the name as Mereena. The complainant has filed an application on 03/06/2019 for correction of the mistake stated to be occurred which is highly belated. Even though the complainant herself stated that her father and mother died on 08/11/2018 and 03/10/2012 respectively, no death certificate is produced in respect of above persons. It is also stated that inclusion of name in birth register is done on the joint application of concerned father and mother.

 

Complainant has not shown clear explanation regarding the receipt of birth certificate, since the matter enumerated in the affidavit are suspicious and also due to non-production of records, it is not possible to make correction in the birth register.

 

Complainant produced the following.

 

1 . Copy of birth certificate

2 . Copy of SSLC Book.

3 . Copy of affidavit.

(Cont......3)

 

-3-

 

4 . Copy of application submitted to Grama Panchayath which were marked as

Ext.P1 to Ext.P4 respectively. No oral evidence is adduced. Matter is heard on

23/12/2019.

 

The point that arose for consideration is whether there is any deficiency in service on the part of opposite party, and if so, for what relief the complainant is entitled to ?

 

The Point:- We have considered the rival contentions of both parties and gone through the evidence on record. The contention raised by the complainant is objected to by the opposite party. On an appraisal of the pleadings, prayer and evidence of complainant, it is seen that she is claiming to be the daughter of deceased Mathew and Mary stated by her. But she has not stated anything about the details of those persons. Moreover, no death certificate of those persons is produced before this Forum. Declaration from a civil court or legal heirship certificate and other corroborative evidence is also not produced.

 

The complainant herself admitted that birth certificate was obtained in 2004. So she was aware of the content thereof. She has not taken any effort to cure the defect if any in the birth certificate during the lifetime of above Mathew and Mary. In the copy of birth certificate produced, name of her father and mother is shown as Thankachan and Philomina.

 

In the light of non-production of valid documents stated above and other corroborative evidence, contention of the complainant are found to be sustainable. Above said Philomina is not examined also. Copies of affidavits of complainant and above Philomina and solemn affirmation thereof are unsigned.

 

In the written version, opposite party has also stated that no records were produced before him. The complainant has not discharged the onus of proof. In these circumstances we cannot accept the contentions of the complainant.

 

 

(Cont......4)

-4-

In the light of above discussions, facts, circumstances and evidence on record, we are of the considered view that there is no deficiency in service on the part of the opposite party as alleged and hence complainant is not entitled to any relief as prayed for.

 

In the result the complaint is found to be untenable in the eye of law and hence dismissed.

 

In the circumstances of the case, there is no order as to costs.

 

Pronounced in the Open Forum on this the 31^st day of December, 2019.

 

Sd/-

SRI.AMPADY K.S., MEMBER

Sd/-

SMT. ASAMOL P., PRESIDENT IN CHARGE

 

APPENDIX

 

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of birth certificate.

Ext.P2 - Copy of SSLC Book.

Ext.P3 - Copy of affidavit.

Ext.P4 - Copy of application submitted to Grama Panchayath.

On the side of the Opposite Party :

Nil.

Forwarded by Order,

 

SENIOR SUPERINTENDENT