Order dictated by:

Sh.S.S. Panesar, President.

1.       Mr. Varinderpal Singh brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that he has applied for death certificate with the opposite party by paying the requisite fee, as such he becomes the consumer as defined under the Consumer Protection Act. Mother of the complainant expired on 12.7.2014 and she was cremated on the  same day. The complainant applied for death certificate of his mother on behalf of his father S. Amolak Singh Bhatia by depositing the requisite fee of Rs. 105/- vide receipt No. 0000254674 dated 21.4.2016. The opposite party issued the death certificate of the mother of the complainant vide certificate No. 1146120  and on receiving the same the complainant found that the name of his father wrongly spelled as Amlok Singh Bhatia instead of Amolak Singh Bhatia. The complainant immediately brought this discrepancy to the notice of the Registrar, Birth & Death, who admitted their fault as he was shown the Aadhar card and other relevant documents i.e. entries made at the cremation ground  register. The said official kept the said certificate with him and he was also provided with the affidavit and application for making necessary correction  and promised to rectify their error and will issue the certificate with the correct spelling of the name of his father within few days. The complainant made futile visits to the opposite party but the opposite party failed to issue the correct certificate with necessary corrections. The act of the opposite party in not issuing the correct death certificate of the mother of the complainant is an act of deficiency of service as well as unfair trade practice . The complainant has sought for the following reliefs vide instant complaint:-

(a)     Opposite party be directed to issue the death certificate of the mother of the complainant namely Smt.Surjit Kaur  and the father name of the complainant be correctly spelled as Amolak Singh Bhatia;

(b)     Opposite party be also directed to pay compensation to the tune of Rs. 50000/- as well as adequate litigation expenses.

Hence, this complaint.

2.       Upon notice, opposite party appeared and contested the complaint by filing written version taking certain preliminary objections therein inter alia that present complaint is not maintainable before this Forum ; that the alleged dispute raised in the present complaint is not covered under the consumer dispute, as such the present complaint does not lie before this Forum ; that complainant has not come to this Forum with clean hands and has concealed the true and material facts from this Forum, as such the complainant is not entitled to any relief from this Forum  ; that no cause of action has arisen to the complainant to file the present complaint . On merits  , it was submitted that  the spellings of name as mentioned in the complaint were wrongly entered as per record received from cremation ground. As and when this fact was brought to the notice of the opposite party, the same were corrected immediately vide order No. 665 dated 23.5.2016, as such there is no fault on the part of the opposite party. Thereafter the complainant was directed to apply for the copies of the death certificate . But the complainant did not apply the same  and rather filed the present complaint. For supply of fresh certificate a fresh application has to be made to the concerned office of the area alongwith requisite charges which the complainant has failed to do so. Remaining facts have specifically been denied and a prayer of dismissal of complaint was made.

3.       In his bid to prove the case Sh. Deepinder Singh,Adv.counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.C-1, copy of death certificate Ex.C-2, copy of application/fee receipt Ex.C-3, copy of receipt from cremation society Ex.C-4 and closed the evidence on behalf of the complainant.

4.       To rebut the aforesaid evidence Sh.U.K.Gaind,Adv.counsel for the opposite party tendered into evidence affidavit of Sh.Navjot kaur, M.O.H. Ex.OP1, copy of order for correction of name of Local Registrar, Birth & Death Ex.OP2, copy of application of the complainant Ex.OP3, copy of entry of death register Ex.OP4 and closed the evidence on behalf of the opposite party.

5.       We have heard the ld. Counsel for the parties and have carefully gone through the record on the file.

6.       The bone of contention inter-se parties has been that Smt.Surjit Kaur, mother of the complainant was the wife of  Amolak Singh Bhatia but, however, death certificate  issued by the Municipal Corporation, Amritsar Ex.C-2 wrongly depicts Surjit kaur W/o  Amlok Singh. But, however, it is the case of the opposite party that the mistake occurred due to the fact that in death register maintained  by Municipal Corporation , Amritsar,  Surjit Kaur has been shown to be the wife of  Amlok singh Bhatia, copy of extract of relevant register is Ex.OP4. But, however, when the matter was brought to the notice of the opposite party, by the complainant, the rectification has already been made vide order dated 23.5.2016, copy whereof is Ex.OP2. It is contended that  instant complaint has been infructuous at the time of its filing even, therefore, the complaint is liable to be dismissed.

7.       But, however, it becomes evident that the opposite party has issued death certificate Ex.C-2 depicting father’s name of the complainant wrongly. If the mistake had already been rectified , there was absolutely no need for the opposite party to contest the complaint and it could very well supply correct copy of the death certificate on the first date of hearing in the Forum.  But, however, the same was not done , the opposite party even chose to file the written version and also led evidence, which shows the recalcitrant attitude of the opposite party. The very fact that till date no copy of  the rectified death certificate has been supplied or produced before this Forum, shows that the opposite party is deficient in service.

8.       Consequently instant complaint succeeds and the opposite party is directed to supply copy of death certificate of Surjit Kaur W/o Amolak Singh Bhatia forthwith. Opposite party is further directed to pay Rs. 2000/- (Rs. Two thousand only) as compensation besides paying Rs. 1000/- (Rs. One thousand only) as litigation expenses to the complainant. The complaint stands allowed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. 

Announced in Open Forum

Dated : 2.12.2016

/R/