DISTRICT CONSUMER DISPUTES REDRESSAL FORUM;BHADRAK
……………….
C.D.Case No.83 of 2015
Satyasundar Palai, aged about 45 years,
S/o: Ramakanta Palai
Vill/PO/Via: Ertal, PS:Basudevpur,
Dist: Bhadrak
……………………..Complainant
(Vrs.)
1. Ramesh Chandra Barik, aged about 35 years,
Dealer/Retailer
S/o: Khagendra Prasad Barik
Vill/PO/Via: Ertal, PS:Basudevpur
Dist:Bhadrak
2. Marketing Inspector(Supply Inspector)
Basudevpur Block.
3. A.C.S.O., Basudevpur,PO:Basudevpur,
Dist:Bhadrak
4. B.D.O.,Basudevpur, PO: Basudevpur
Dist:Bhadrak
5. Civil Supplies Officer, Bhadrak
Dist:Bhadrak
…………………………Opp.Parties
For the Complainant: Sri Bishnumohan Mohapatra & another,Advs.
For the Opp.Parties : None
Order No.08 dt.18.11.2015:
The Complainant, who is AAY Card holder bearing No.736949 has filed this case alleging non-supply of commodities to him under AAY Scheme by O.P.No.1.
The case of the Complainant is that he is not being supplied with commodities such as rice 35 kg, Sugar 2 kg and K.Oil 4 ltrs. every month under BPL/AAY Scheme since January, 2011 by O.P.No.1. Aggrieved by the activities of O.P.No.1, Complainant approached O.Ps 2,3, 4 & 5 several times personally and by writing . All the above O.Ps assured the Complainant to look after the grievance favourable. But all his efforts went in vain when the O.Ps 1 & 2 finally denied issuing commodities to the Complainant. Complainant has spent around Rs.5,000/- since 2011 in running from Ertal to Basudevpur and Basudevpur to Bhadrak. The Complainant also suffered a lot mentally, physically and financially moving pillar to post i.e. from O.P.No.1 to O.P.No.5 by way of spending time and money without getting any relief. So alleging deficiency in service on the part of O.Ps the Complainant filed this case on 21.07.2015 praying for a direction to O.Ps to issue commodities under AAY/BPL scheme during the period not supplied i.e. from January,2011 till filing of the case or alternatively to pay the cost of the commodities @ Rs.600/- per month for 55 months, totaling to Rs.33,000/- with interest @ 9% per annum and also to issue commodities regularly continue to him. The Complainant has also claimed Rs.5,000/- towards to & fro expenses made by him, Rs.5,000/- towards litigation expenses and Rs.10,000/- towards mental agony and physical torture suffered by him from the O.Ps.
After receipt of notice, the O.Ps failed to appear and contest the case by filing their written version. Even though the O.P.No.5 in his letter No.2954 dt.04.08.2015, authorized O.P.No.2 to appear and submit para-wise comments, but he neither appeared for himself nor filed any written version. As such, all the O.Ps have been set exparte as per order dt.04.09.2015.
During course of exparte hearing the Ld.Counsel for Complainant submitted that the Complainant who is holder of AAY card has not been supplied with commodities under the Scheme since January,2011 and the O.P.No.1 is so adamant that even after receipt of notice did not prefer to appear in this case. Hence, prayed that the O.P.No.1 be directed to provide the arrear AAY rice to Complainant from January,2011. We perused the Xerox copy of AAY card No.736949 filed by the Complainant in his name and found that there is no mention of supply of commodities after August,2009. Had the O.P.No.1 or any of the O.Ps would have appeared and filed written version, the matter would have been different. When the AAY card holder is the Complainant himself and as per his version he has not been supplied with the AAY rice since January,2011 by O.P.No.1, it would meet the ends of justice if the O.P.No.1 be directed to provide subsidized rice as per his entitlement. Complainant has alleged that in spite of his repeated requests in writing the O.Ps 2 to 5 did not look after his grievance and as such they have committed deficiency in service. In support of his allegation, not a scrap of paper has been filed by the Complainant against the O.Ps 2 to 5. So the O.Ps 2 to 5 are freed from any liability. Accordingly, it is ordered:
O R D E R
In the result, the complaint is allowed exparte against the O.P.No.1 and dismissed against O.Ps 2 to 5. The O.P.No.1 is directed to provide the arrear subsidized commodities from January,2011 to 30th November,2015 as per his entitlement within 30 days of receipt of this order. Further, the O.P.No.1 is directed to supply the subsidized commodities regularly to the Complainant henceforth. Under the circumstances, parties to bear their own costs.
