Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
(3) Anil Kumar Singh
Member
Date of Order : 30.05.2018
Nisha Nath Ojha
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to pay Rs. 20,000/- as compensation for inconvenience, harassment, mental tension and monetary loss.
- To direct the opposite party to sale essential commodity to the entitlement of coupon/card holder at retail price fixed by food, supply and commerce department, Bihar.
- To direct the opposite party to pay Rs. 2,000/- as litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that opposite party is fair price dealer and his function is to distribute rice, wheat, sugar, edible oil, kerosene and other commodities to card holders as notified by the central Government under clause a of sec – 2 of the Act. The nature of beneficiaries are decided by the Government authorities.
It is case of the complainant that he belong to BPL family and he is entitled to get the essential commodities in quantity as mentioned on the coupon and as per rate fixed by the authorities.
It has been further asserted by the complainant that opposite party is selling rice at the rate of Rs. 10/- per Kg and has not disclosed the prices on the board and is also supplying the food grains in less quantity to the complainant and other beneficiaries and when he requested the opposite party to sell the commodity as per entitlement as well as at the rate of the food supply and commerce department he did not take any notice in this regard. Thereafter the complainant had also made complaint to District Supply Officer, Patna in this regard but nothing has happened. He also filed application to SDO, Danapur who has issued show cause to the opposite party.
On behalf of opposite party a written statement has been filed stating therein that complainant is a neighbour and Gotiya of the opposite party and has a land dispute for which a case is still pending in the civil court and thus the present case has been filed out of enmity and jealous.
It has been further asserted by the opposite party that complainant had made allegation against him which have been enquired by the competent authority such as SDO and etc. and after investigation the allegation of the complainant was found to be false as will appear from annexure – A series.
It has been further asserted by opposite party that authorities have transferred the name of the complainant and some other consumers to some other fair price shop dealer as will appear from annexure – B series and now complainant has no connection with the opposite party.
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From bare perusal of annexure – A and B series it is crystal clear that authorities have found the allegation of the opposite party against complainant not true and the complainant name has been transferred to some other fair price shop dealer. No any rejoinder has been filed on behalf of complainant of the written statement filed by opposite party.
Apart from it, the public distribution system does not come under the purview of Consumer Protection Act as the consumers are given food items Kerosene oil etc. by the state authorities on subsidy for which a separate machinery has been provided.
For the reason stated above this complaint petition stands dismissed as well as not maintainable.
Member Member(F) President
