BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 27th day of August, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.13/2009

Between

Complainant : M.K Thankappan

Malamundayil House,

Vellathooval P.O,

Konnathady Village,

Udumbanchola Taluk

And

Opposite Parties : 1. M.S Ibrahi

Licency,

A.R.D.No.131,

Vimalaciy,

Vellathooval.

(By Adv: V.M Joymon)

2. The Taluk Supply Officer,

Udumbanchola Taluk,

Nedumkandam P.O,

Idukki District.

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESDIENT)

Complainant is the holder of the ration card No.1630047639 of the ration shop No. ARD 131, in Vimalacity Idukki. The complainant is not obtaining the food articles from the ration shop. Whenever the complainant approaches 1st opposite party for the same, they replies that no stock, and such other reasons. The petitioner complained about the same, several times, but there was no result. A complaint was given to the Taluk Supply Officer on 03/10/2008 in registered post. But when the reply given by the Taluk Supply Officer, it is written that the Rationing Inspector enquired the matter and it is revealed that the complainant is obtaining all the ration articles. The Rationing Inspector never examined the card of the complainant. No investigation was made by him. The 1st opposite party is getting illegal money by selling the ration articles to some other persons. Hence the petition is filed for getting compensation for the same.
 

2. As per the written version of the 1st opposite party, the license holder of the said ration shop numbered as 131 is not the 1st opposite party. It is in the name of Moiden Basha. The 1st opposite party is the license of 11th number ration shop. The complainant never approached the 1st opposite party, never registered the ration card of the complainant in this shop. Not even a single complaint is written by the petitioner in the complaint book. The 1st opposite party was, in charge of ration shop No.131 for a short period, there was no dispute regarding the distribution of the ration at that time by the complainant. Hence the petition may be dismissed.
 

3. As per written version of the 2nd opposite party, complaint book is kept in all ration shops, in which the complaints can be written with date and time. The same book is kept in the No.131 ration shop, the notice regarding the book, stock, prize etc., are exhibited in the board in front of the shop. The said book is examining by the Assistant Taluk Supply Officer twice in a month. No such complaint is written in the book kept in the said ration shop. Telephone Numbers of the complainant cell is also exhibited in front of the shop. No registered complaint is given by the complainant. A letter under the right to information Act 2005 was given to the opposite party and it was duly replied. Detailed investigation was conducted about this and the statement of the complainant was recorded. The card of the complainant was examined. It is seen that on 14/04/2008, 30/04/2008, 10/05/2008, 31/05/2008, and on 29/07/2008 the complainant received ration articles from the shop as per the card No.1630047639. The signature of the Rationing Inspector, Konnathady was affixed on 26/09/2009 on inspection in the ration card. A letter was issued to the complainant to appear on 10/11/2008 before the Taluk Supply Office. But the complainant never acted upon that. No difference has been seen from the ARD account and the ration card when verified. There are differences in allotment in ration distribution in time to time according to the Government directions. No error has been noticed in the accounts. The license holder of the ration shop number 131 is one Smt. Safia from 07/03/2007 onwards. The 1st opposite party was having a charge for a short time before that. The name of the license holder is written in the notice board of the ration shop. So the petition is filed only for getting illegal money and may be dismissed.
 

4. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
 

5. The evidence consists of Exts.P1 to P3(series) marked on the side of the complainant and the oral testimony of DW1 and Exts.R1 to R6 marked on the side of the opposite parties.
 

6. The POINT:- The complainant is filed for getting compensation because the complainant is not getting the ration articles entitled by the complainant from the ration shop, because of the deliberate act of 1st opposite party. Whenever the complainant approaches the 1st opposite party, the 1st opposite party tells that "no stock, come on next week etc.". No inspection was conducted by 2nd opposite party when complainant was forwarded about this matter even in registered post. Ext.P1 is the letter given by the Taluk Supply Officer, Udumbanchola for the reply of the application filed as per Right to information Act 2005. Ext.P2 is the letter issued from T.S.O requesting the complainant to appear on 10/11/2008 before the T.S.O. Ext.P3(series) is the copy of the ration card. The 2nd opposite party was examined as DW1. As per DW1, the shop No.131 was inspecting every month. No information of irregularities or mis conduct in the shop. The license holder is Smt.V.K. Safia. Now there is no unit system in supplying ration. So there will be difference in supply of ration as per the Government allotment. No complaint was received from the complainant about the non-supply of ration. The complainant is a person interested in conducting unnecessary litigations before several courts. No complaint is written in the complaint book also. Ext.R1 is the complaint given to the 1st opposite party by the complainant. Ext.R2 is the statement given by the complainant on 22/01/2008 and Ext.R3 is the statement given by the complainant on 26/09/08 to the 2nd opposite party. The attested copy of the license of the ration shop No.131 is marked as Ext.R4. The procedure of the District Supply Office regarding the issue of license to Smt. Safia for the ration shop No.131 is marked as Ext.R5(series).
 

As per Ext.R5(series) and Ext.R4 the license holder of the ration shop is not the 1st opposite party, but one Smt.V.K. Saphiya from 02/03/2007 onwards. It is admitted by 1st opposite party that he was in charge of the ration shop for a short time before 02/03/2007. But the complainant never specified any date, month or year in which he was denied from getting the ration articles from the shop. As per cross examination of the complainant, DW1 admitted that the supply of ration is marked by opposite party in certain places in ration card. ExtP3(series) is the copy of the ration card of the complainant in which it is seen that the complainant obtained ration articles on nine times in the year 2008. And also the card is inspected by the Rationing Inspector on 22/01/2008 and on 26/08/2009. As per Ext.R2 statement recorded by the T.S.O. from the complainant, it is written that "there is no complaint against the ration shop No.131" which is on 22/01/2008. As per Ext.R3 the statement given to the Rationing Inspector by the complainant in 26/09/2008, it is written that "the complainant is not regularly purchasing ration from the ration shop No.131 in which V.K.Safia is the license holder". So the 1st opposite party is not the license holder of the shop and the complainant is not a regular ration purchaser. Ext.R6 is the complaint book from 20/11/2006. There is no complaint written in the book. As per DW1 who is the neighbour of the complainant deposed that the complainant interested of filing unnecessary litigations in Courts. So we think that there is no deficiency seen in the part of 1st and 2nd opposite parties.
 

Hence the petition dismissed. No cost is ordered against the petitioner.
 

Pronounced in the Open Forum on this the 27th day of August, 2009.

Sd/- SRI.LAIJU RAMAKRISHNAN(PRESIDENT)

Sd/-

SMT.SHEELA JACOB(MEMBER)

Sd/-

SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainants :

nil

On the side of Opposite Party :

DW1 - George P.S.

Exhibits:

On the side of Complainants:

Ext.P1 - Letter given by the Taluk Supply Officer dated 07/10/2008.

Ext.P2 - Letter issued from Taluk Supply Office dated 03/11/2008

Ext.P3(series) - Copy of the ration card.

On the side of Opposite Party :

Ext.R1 - Complaint given to the 1st opposite party by the complainant dated 29/08/2008.

Ext.R2 - Copy of statement given by the complainant dated 22/01/2008

Ext.R3 - Statement given by the complainant on 26/09/2008 to the 2nd opposite party

Ext.R4 - Attested copy of the license of the ration shop No.131

Ext.R5 series (1-7) - Copy of Procedure of the District Supply Office.

Ext.R6 - Complaint Book from 20/11/2006.