The Complainant has filed this case alleging deficiency-in-service by the O.Ps, where O.P No.1 is Krishna Agency, Uttareswar, Soro, Balasore, O.P No.2 is the Assistant Agriculture Officer, Simulia, Balasore, O.P No.3 is the District Agriculture Officer, Simulia, Balasore, O.P No.4 is the Deputy Director of Agriculture-cum-C.M.P.D, Atma, Balia, Balasore, O.P No.5 is the Director, Agriculture Department, Reform and Public Grievances, Govt. of Odisha, Bhubaneswar and O.P No.6 is the Public Grievance and Administrative Reforms, Govt. of India, New Delhi-110001.
Factual matrix of the dispute is that the Complainant, being an Agriculturist had brought one quotation of Power Tiller from O.P No.1 on 30.06.2015 as per discussions and advice of O.P No.3 and Block Agriculture Extension Officer for Rs.1,72,000/- (Rupees One lakh seventy two thousand) only vide Ref. No.62, dt.30.06.2015. But, as per the direction of the Government, the cost of the Power Tiller is Rs.1,28,000/- (Rupees One lakh twenty eight thousand) only. And as per the permit/ Supply Order No.SMUL-Pow-0014/FM/2015-16 and application Ref. No. SMUL/Pow(10)/2015-16, dt.30.06.2015 issued by O.P No.2, the Complainant purchased one MANAM-KUBOTA Power Tiller 12 HP with all complete accessories vide Model No.MANAM-MCF-121, Engine No.158734, Chassis No.MA-156720 from the O.P No.1 vide chalan No.25, dt.13.07.2015, on payment of Rs.1,28,000/- (Rupees One lakh twenty eight thousand) only. The O.P No.1 has not returned subsidy amount of Rs.64,000/- to the Complainant as per the direction of the Government. The Complainant has informed to the different related Forum both in written and through E-mail on 10.09.2015, but none of them paid any heed to the matter.
Prayer for refund of subsidy with interest and award of compensation for mental agony.
The O.Ps No.1 and 6 are set ex-parte on 13.05.2016 and also the O.Ps No.2,3 and 5 are set ex-parte on 02.07.2016.
Written version filed by the O.P No.4 through Govt. Pleader, where they have denied about the maintainability as well as it’s cause of action. But they have admitted to the extent that the Complainant has availed the subsidy amount of Rs.40,000/- in the first phase and the rest amount of subsidy of Rs.24,000/-, he will get after second verification by the competent Authority. Since the cost of the seat of the Power Tiller is extra and it was not mentioned in the quotation when called for. The Complainant is required to make payment of the cost of the seat to the O.P No.1 from whom the power tiller was purchased and as it was not paid the seat was not supplied. However, this O.P has not put the complaint to any trouble or financial loss.
On perusal of the documents available in the case record, it is noticed that:-
1. Indicative cost (for the purpose of administration of subsidy only) is Rs.1,28,000/- (Rupees One lakh twenty eight thousand) only for MANAM-MCF-121 Power Tiller.
2. Indicative cost mentioned above (inclusive of standard accessories) is for the purpose of administration of subsidy only. Standard accessories (pair of cage wheels, tail, skid, float and tool kit) would be provided along with the Power Tiller.
3. The O.P No.1 has received Rs.1,28,000/- (Rupees One lakh twenty eight thousand) only as per chalan invoice No.25, dt.13.07.2015 in proof of delivery of above said power tiller to the Complainant, which is duly signed/ acknowledged by the Complainant also.
4. Permit/ supply order dt.30.06.2015 issued by O.P No.2 in details of the Equipment and Machinery required by the beneficiary column, it is mentioned that out of total subsidy amount of Rs.64,000/-, 1st phase subsidy to vendor is Rs.40,000/- and 2nd phase subsidy to beneficiary is Rs.24,000/-.
5. The Vendor has already been allowed subsidy of Rs.40,000/-, but the Complainant is yet to receive the subsidy of Rs.24,000/-, Hence, the Order:-
O R D E R
Having regards to our judgment reflected above, the complaint is allowed in part with direction to the O.Ps No.2 and 3 to receive a representation from the Complainant under acknowledgement for availing subsidy of Rs.24,000/- by the Complainant. The O.Ps No.2 and 3 are further directed to process/ forward the above said representation of the Complainant in consultation with the O.P No.4 and arrange for releasing subsidy of Rs.24,000/- (Rupees Twenty four thousand) only to the Complainant within 60 days of communication of the order, as per provisions of State Agril. Policy-2013.
No order as to cost and compensation.