By Sri. MOHANDASAN.K, PRESIDENT
1. The complainant is a resident of Kannmangalam Grama panchayath, in ward No.16 and house No.74. He approached the opposite party on 09/01/2021 to obtain residence certificate for shifting his ration card. The complainant submit that he is entitled to get the residence certificate from the opposite party within one week from the date of his application. On 02/02/2021 the complainant approached the opposite party directly and he was told one-week further time is required and he was directed to approach after one week. The complainant thereafter one week, approached the opposite party office and met concerned section clerk Mr. Malik and that time Mr. Malik said to him that due to Covid 19 reasons the certificate is not ready and complainant was sent back directing to approach after one month. While he approached after one month, the opposite party said that all of them are engaged in election work and he is not able to suggest the time when the certificate will be ready. The complainant was asked to enquire personally or through telephone thereafter. The complainant thereafter enquired directly as well as through telephone but there was no result for more than 6 months. At that time one miss. Latha was the secretary of the opposite party Panchayat and she said that she is busy and send him back directing to enquire frequently. When he approached again the aforesaid secretary, she directed him to contact B2 section and when he approached B2 section the concerned staff was not in the seat. He waited for more than one hour and turned back. Thereafter he approached on 05/07/2021, at that time also it was said that certificate is not ready. Thereafter he waited for a short period and approached concerned clerk and demanded to return the application. Then it was told the certificate will be issued within 10 minutes and it was issued to him.
2. The allegation of the complainant is that the opposite party dragged the application for more than 6 months with malicious intention to grab bribe from him. His submission is that he is aged more than 65 years and his wife is also aged above 50 years and due to the act of the opposite party, he sustained mental agony and financial loss. The prayer of the complainant is to allow compensation as 50,000/-rupees on account of deficiency in service on the part of the opposite party, Rs.10,000/- on account of loss of employment during these days and cost of Rs.5,000/-.
3. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed version.
4. The opposite party denied the averments and allegations in the complaint. The opposite party admitted that the complainant had approached the opposite party for residential certificate on 12/01/2021. The address was given in the application as Mossakutty, Ulladan house, Achanabalam, Kannnamangalam Po, and as per assessment kept in the office, the address was found as Ulladan House, Vengara, Vengara (P.o). Since his request for residence certificate was for correcting in Aadhaar card and ration card, the address of the complainant has to rectify in the opposite party documents. Hence complainant was requested to produce required documents and he produced the same on 19/01/2021, accordingly the required amendments in the assessment register was made and certificate was issued as B2-399/21 on 05/07/2021.
5. The opposite party submit that the complainant herein was requested information under Right to Information Act and it was provided to him. But he was dissatisfied and so approached the appellate authority and the appellate authority dismissed his application.
6. The complainant approached the opposite party on 22/10/2021 with application number 5927/21 for residential certificate to shift his electricity connection and residential certificate was issued to him on 23/10/2021 itself.
7. Opposite party submitted that during the disputed period of complaint there was covid 19 pandemic issue and most of the employees of the opposite party were under treatment and the office had to closed down certain period. Due to lock down and containment issue, the opposite party and the employees were being engaged in covid duty, and concerned section clerk Mr. Malik was being under the election duty as per the order of district Collector and due to updating of assessment in the register required time, the delay in providing service to the complainant was happened and there was no deficiency in service on the part of concerned clerk or from the opposite party and so the complaint be dismissed against opposite party .
8. The complainant and opposite party filed affidavit and documents. The documents on the side of complainant marked as Ex.A1 t o A11. The documents on the side of opposite party marked as Ext. B1 to B10. Ext. A1 is application under RTI dated 14/07/2021. Ext. A2 is copy of reply under RTI dated 09/08/2021. Ext. A3 is copy of application under RTI dated 24/08/2021. Ext. A4 is copy of reply under RTI dated 14/09/2021. Ext. A5 is copy of application before assistant director of Panchayat dated 24/08/2021. Ext. A6 is copy of application before assistant director of panchayat dated 25/09/2021.Ext. A7 is order under RTI, of appellate authority dated 23/10/2021. Ext. A8 is copy of Ration card No.2055111120. Ext. A9 is copy of labor card under NREGA. Ext. A10 is copy of cash receipt dated 20/11/2020. Ext. A11 is copy of cash receipt dated 22/10/2020. Ex.t B1 is proceedings of Smt. Jayalatha V. secretary of the opposite party on 04/12/2020. Ext. B2 is copy of office order by Smt. Jayalatha V. Secretary of the opposite party dated 11/01/2021. Ext. B3 is copy of office order by Smt. Jayalatha V. Secretary of the opposite party dated 11/01/2021. Ext. B4 copy of office order by Smt. Jayalatha. V. Secretary of the opposite party dated 25/02/2021. Ext.B5 copy of office order by Smt. Jayalatha. V. Secretary of the opposite party dated 01/03/2021. Ext. B6 copy of office order by Smt. Jayalatha. V secretary of the opposite party dated 02/03/2021. Ext. B7 copy of office order by Sri. Suresh Gopinadapillai Secretary in charge of the opposite party dated 09/03/2021. Ext. B8 copy of office order by Sri. Suresh Gopinada pilla secretary in charge of the opposite party dated 09/03/2021. Ext. B9 copy of office order by Sri. Suresh Gopinada pillai Secretary in charge of the opposite party dated 12/03/2021. Ext. B10 copy of G.O(MS) No.13/2020/DMD dated 26/03/2020, Disaster Management (A) Department.
9. Heard complainant and opposite party, perused the documents and stood for consideration of the following points:-
- Whether there is deficiency in service on the part of the opposite party
- Relief and cost
10. Point No.1 and 2
The grievance of the complainant is that he approached the opposite party for a residential certificate which was meant for transferring the ration card as well as identity card. He submitted his application before the opposite party on 19/01/2021and he was issued the certificate to him on 05/07/2021. During this period the complainant was dragged to the opposite party number of times and ultimately the certificate was issued after six months. Aggrieved by this act of opposite party alleging deficiency in service on the side of opposite party filed this complaint before the commission. The opposite party filed version as well as affidavit contenting that there was Covid pandemic duty, employees of the opposite party were affected covid pandemic, there was lock down, there was election work and also some other official duties. The opposite party could not provide the document as requested by the complainant.
11. The commission has gone through the entire averments in the affidavits and also through the documents produced by both sides. The submission of application as stated in the complaint and also issuance of the certificate is admitted fact. The perusal of date of incidents shows that there is nearly six months delay in providing certificate as stated by the complainant. The complainant submitted the application on 12/01/2021 and as per instruction of the opposite party he produced some more documents on 19/01/2021. So there is a proper and genuine application of the complainant is pending before the opposite party from 19/01/2021 onwards.
12. The complainant to establish his averments and as part of getting documents he filed certain applications before the opposite party under Right to Information Act. One of the demand of information was whether the opposite party had entertained any of the applications like his application during this period and what was the result of the same. The opposite party issued a reply but dissatisfied with the same complainant approached appellate authority and the appellate authority considered his application. Ext. A7 is copy of the order passed by the information officer on his appeal against the information issued by the opposite party on 14/09/2021. The order in information appeal under is dated on 23/10/2021. Ext. A7 order has averred that there was gross deficiency on the part of the opposite party and there was inordinate delay in providing service to the complainant . The Ext. A7 order direct the opposite party not to repeat this sort of practice further and the application as disposed accordingly .
13. The perusal of documents and averments in the affidavit in this complainant it can be seen that there is gross deficiency in service on the part of the opposite party. The documents produced by opposite party; it can be seen that there was more than one person acted as secretary of the opposite party during the period. The opposite party who appeared before the commission orally submitted and admitted the complainant that the present secretary was not in the office during the relevant period. But the explanation for the delay averred in the affidavit cannot be accepted at all. We do not think that no documents as like demanded by the complainant was issued from the office of the opposite party during this period since the opposite party refused to provide the information to the complainant as per Right to Information Act. It is not fare or justifiable for having six months delay in providing a residential certificate. It is seen from the affidavit of the complainant he sought the document for shifting his ration card from one place to another and also for making correction in the Aadhaar card. The complainant was present in person before the commission and he submitted that he is a NREGA worker, aged more than 65 years. His grievance is that he was dragged number of time to the office of the opposite party and also tried to insult him at the office. The commission consider the averment of the complainant as serious and we find there is grievous deficiency in service on the part of the opposite party and the complaint is entitled for compensation and cost as prayed in the complaint
14. Considering the entire aspects we allow this complaint as follows:-
1) The opposite party is directed to pay Rs.10,000/- to the complainant on account of deficiency in service and thereby caused inconvenience, hardship and mental agony to the complainant.
2) The opposite parties directed to pay Rs.3,000/- as cost of the proceedings to the complainant.
The opposite party is directed comply this order within one month from the date of receipt of copy of this order, failing which the compensation and cost will carry interest @12% per annum from the date of this order till realization.
Dated this 22nd day of July, 2022.
Mohandasan . K, President
PreethiSivaraman.C, Member
Mohamed Ismayil.C.V, Member
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A 11
Ext.A1: Application under RTI dated 14/07/2021.
Ext.A2: Copy of reply under RTI dated 09/08/2021.
Ext A3: Copy of application under RTI dated 24/08/2021.
Ext A4: Copy of reply under RTI dated 14/09/2021.
Ext A5: Copy of application before assistant director of Panchayat dated 24/08/2021.
Ext.A6: Copy of application before assistant director of panchayat dated 25/09/2021.
Ext.A7: Order under RTI, of appellate authority dated 23/10/2021.
Ext A8: Copy of Ration card No.2055111120
Ext A9: Copy of labor card under NREGA.
Ext A10: Copy of cash receipt dated 20/11/2020
Ext. A11: Copy of cash receipt dated 22/10/2020.
Witness examined on the side of the opposite party:
Documents marked on the side of the opposite party: Ext. B1 to B
Ext.B1: Proceedings of Smt. Jayalatha V. secretary of the opposite party on
04/12/2020.
Ext.B2: Copy of office order by Smt. Jayalatha V. Secretary of the opposite party
dated 11/01/2021.
Ext.B3: Copy of office order by Smt. Jayalatha V. Secretary of the opposite party
dated 11/01/2021.
Ext.B4: Copy of office order by Smt. Jayalatha. V. Secretary of the opposite party
dated 25/02/2021.
Ext.B5: Copy of office order by Smt. Jayalatha. V. Secretary of the opposite party
dated 01/03/2021.
Ext.B6: Copy of office order by Smt. Jayalatha. V secretary of the opposite party
dated 02/03/2021.
Ext.B7: Copy of office order by Sri. Suresh Gopinadapillai Secretary in charge of the
opposite party dated 09/03/2021.
Ext.B8: copy of office order by Sri. Suresh Gopinada pilla secretary in charge of the
opposite party dated 09/03/2021.
Ext.B9: Copy of office order by Sri. Suresh Gopinada pillai Secretary in charge of the
opposite party dated 12/03/2021.
Ext.B10: Copy of G.O(MS) No.13/2020/DMD dated 26/03/2020, Disaster
Management (A) Department.
Mohandasan . K, President
PreethiSivaraman.C, Member
VPH Mohamed Ismayil.C.V, Member
