O R D E R :-( per Mr. B.R. Chandel, President )
The complainant Smt. Nisha Kumari on the strength of this complaint has claimed that the opposite party be directed to issue Ration Card in her favour and pay compensation of Rupees one lac on the grounds that she was having Ration Card bearing serial No. 0220116. She has been divorced by her husband hence she applied for separation of Ration Card from her husband named Om Parkash, but the opposite party without any notice struck off her name from the Ration Card out of malafide which amounts to deficiency in service due to which she has suffered a loss of Rupees one lac. She served upon the opposite party a legal notice to issue a separate Ration Card, but without result, due to which she has suffered harassment, monetary loss and mental tension.
2. The opposite party disputed the said claim and has set up the defence that the complainant does not fall within the definition of the consumer and as such the complaint is not maintainable. The application of the complainant for separation of Ration Card was put up before the meeting of Notified Area Committee, Bhota, on which the Members passed Resolution No.10 dated 31-01-2012 to the effect that the complainant was not residing in ward No.6 in the Notified Area Committee, Bhota, hence her name was struck off from the Below Poverty Line category and the name of Yashpal son of Roshan Lal was entered in her place and as such the opposite party has committed no negligence or deficiency in service.
3. Both the parties have led evidence.
4. We have heard the learned counsel for the parties and gone through the records of the complaint.
5. Admittedly, the complainant Smt. Nisha Kumari was the wife of Om Parkash. Her marriage with Om Paraksh has been dissolved by a decree of divorce dated 12-03-2010 passed by ld. District Judge, Hamirpur, vide order Annexure C-9. She moved an application for separation of Ration Card before the opposite party. The said application was considered by the Notified Area Committee which passed resolution No.10 dated 31-01-2012 Annexure R-2 and it was resolved that since complainant was not residing within the limits of Notified Area Committee, Bhota, hence no Ration Card to be issued in her name. The name of the complainant was also struck off from the list of family living Below Poverty Line and in her place the name of Shri Yashpal was substituted. The said resolution was passed on the basis of report of Member of Ward No.6 Notified Area Committee, Bhota, Annexure R-3. The Ration Cards in favour of residents of Notified Area Committee are issued in accordance with the rules framed by the concerned department of the Government of Himachal Pradesh and as such the opposite party is performing statutory functions while adding or deleting the names of Ration Card holders. The opposite party does not perform the said function for consideration and as such in the opinion of this Forum, the complainant does not fall within the definition of the consumer as envisaged under the Consumer Protection Act, 1986, hence the complainant has no locus standi to file the present complaint.
RELIEF:
In view of the findings recorded above, the complaint is dismissed. No orders as to cost. Let certified copy of this order be sent to the parties free of cost, as per rules. The file, after its registration and due completion be consigned to the records.
ANNOUNCED AND SIGNED IN OPEN COURT
ON THIS THE 12TH DAY OF MARCH, 2015
(B.R. Chandel )
President
(Th. Digvijay Singh) ( Sushma Sharma)
Member Member
