As per Hon’ble President. Mr. Atul Alshi.
1. The complainant has filed this compliant against OP for non providing certified copies of award and thereby seeking compensation of Rs.50,000/- alongwith cost of Rs.10,000/-. The complaint’s complaint in short as under-
2. The complainant had filed application for certified copies of award under land acquisition case bearing no. 31/A-65/86-87 passed by Deputy Collector, Land Acquisition Officer (General), Nagpur and paid Rs.50/- on 17/11/2017 and remaining to be paid at final stage. The complainant at various time visited the office for grant certified copies and ready to pay balance amount but OP failed to supply requisite certified copies alongwith copy of award. Therefore, complainant issued legal notice through advocate on dtd.11/01/2018. The complainant after long period of time that is on 01/03/2018 has received the copy of award, therefore, for the inordinate delay in providing certified copies of award of Land Acquisition Act, the complainant has suffered mental torture and therefore complainant has filed this complaint.
3. The OP filed reply and denied allegation and submitted that the order of Land Acquisition Officer in case of Land Acquisition has been provided to complainant. The complainant has paid advance amount Rs.50/- on 17/11/2017 for certified copy. The copies have been provided according to rules and regulations to the complainant on 01/03/2018. Therefore, there is no intentional delay and no deficiency on the part of OP therefore case is deserved to be dismiss with cost.
4. Both the parties argued the case on merit at length. After hearing of case the following points arose for consideration.
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POINTS FINDINGS
- Whether the complainant is consumer ? Yes.
- Whether there is deficiency in service on the part of OP? Yes. 3) What order ? As per final order.
REASONING
5. Point No. 1 - The complainant paid charges for copying of award hence the services are paid services. Hence, the complainant is consumer.
4. Point No. 2 & 3 - The complainant filed application for certified copies under Land Acquisition Act in case of Mouza-Karambhad bearing no. 31/A-65/86-87 by paying advance charges of Rs.15/- for certified copies of award on dtd.17.11.2017. The copy of award has been delivered the complainant on 01/03/2018 after repeated request and legal notice issued through advocate on 18/01/2017. In Land Acquisition Act the land owner has limited period of filing reference appeal before Civil Court within six week from receipt of compensation or communication of award whichever is earlier and there is no provision for condonation of delay for the extension of limitation. Therefore, the award copy required to draft of memorandum of reference with relevant documents before the competent Civil Court. Therefore, the delivery of copy of award beyond reasonable period of 15 day is inordinate delay on the part of OP and therefore it amounts to deficiency of service resulted mental torture to the complainant, hence the OP is liable to pay compensation and cost of litigation.
Hence, we pass the following order.
ORDER
- The complaint is partly allowed.
- The O.P. shall liable to pay compensation for mental torture of Rs. 5,000/- and litigation cost Rs.5,000/- to the complainant.
- Copy of the judgment/order shall be given to both the parties, free of cost.
