CONSUMER DISPUTES REDRESSAL FORUM,PALAKKAD
Dated this the 20th day of June, 2015
PRESENT : SMT. SHINY.P.R, PRESIDENT
: SMT. SUMA. K.P, MEMBER Date of filing : 22/01/2015
CC /12/2015
M.K.Abdul Saleem,
S/o.Muhammedali Haji,
Manakkadavath House, : Complainant
Post.Kokkur -679 591,
Malappuram District
(Party in person)
Vs
Secretary,
Agali Grama Panchayath, : Opposite party
Agali P.O , Attappadi,
Palakkad. Pin – 678 581
(Party in person)
O R D E R
By Smt. Suma. K.P, Member,
Brief case of the complainant: Complainant belongs to Parappamthara in Agali Panchayath of Palakkad District. He owns paddy fields and a house bearing No.4/1665. He used to pay building tax @ Rs.210/- per year regularly and he approached the opposite party to remit the building tax for the financial year 2014-2015. The office bearer at the front office informed him that he had not remitted the building tax for the previous year 2013-2014. Complainant told him that he had already paid and there are no dues outstanding. But he was not prepared to accept it and demanded to produce receipts. The complainant could not search of the receipts at that time and hence informed that it can be traced out from the computer. The office bearer of the front office abused him in front of others and insulted him. The behavior of the office bearer had created a lot of mental agony to the complainant. Later on, the complainant searched out the previous receipts and approached the opposite party on 15/10/2014 and showed the receipts at the front office. He ask the front office to adjust the excess amount paid to be adjusted to the next financial year. But they refused and asked him to come on some other day. Since the Secretary was not present at the office on that day, he issued a registered letter stating all the facts but there was no reply. He had also filed application to the Panchayath Authorities under the Right to Information Act, but the reply received was not satisfactory. Hence he had approached before this Forum seeking an order directing the opposite party to adjust the excess amount paid towards the coming financial year and also to pay Rs.50,000/- ((Rupees Fifty thousand only) as compensation for the mental agony suffered by him due to the deficiency of service of the opposite party.
The notice was issued to the opposite party for appearance. Opposite party appeared and filed version denying all the allegations stated in the complaint. Office bearer of the front office was called for an explanation regarding the allegations narrated by the complainant. But the explanation given by the office bearer states that he had never abused the complainant in front of the office. The complainant was asked to produce the previous payment receipt of 2013-2014 for which the complainant says that he could not produce it. Since the payments regarding payments of building tax 2013-14 was not computerized he could not traced it out from the computer. All the tax payers were asked to produce the previous receipts for verification. Accordingly the complainant was also asked. It is not practical for the opposite party to search it out for the each tax payers from the office records. When the complainant produced the tax receipts he demanded the opposite party to adjust the receipt to the coming year and to issue a fresh receipt. But according to the opposite party the receipt if issued for an amount once cannot be issued again for the same amount. Hence no fresh receipts was issued to the complainant. There is no sufficient staffs available at the office of the opposite party. Post of Secretary and Assistant Secretary was vacant at the time of application by the complainant. The charge was with the Secretary of the next Panchayath. The amount remitted by the complainant will not be lost and it will be adjusted as advanced collection towards the next financial year. Now the building tax has been revised in 2013-2014 and the complainant will have to pay the balance amount if any as per the revised scheme. The troubles caused to the complainant was not willful and they regret for the inconvenience caused to the complainant.
The complainant filed chief affidavit along with documents to prove his case. Opposite party had not filed any affidavit. Ext.A1& A2 was marked from the part of the complainant. Evidence was closed and the matter was heard.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite
party?
2. If so, what is the reliefs and cost?
ISSUES 1 & 2
It is obvious from Ext.A1 and A2 that the complainant had paid building tax for the financial year 2013-2014 twice before the opposite party. It is also admitted by the opposite party and they had agreed to adjust the excess amount towards the future payments. The complainant has alleged that he was abused by the Officer at the front office of the opposite party. But the opposite party had denied the said allegation. No evidence was adduced by the complainant to prove the above aspect. In the above context we direct the opposite party to adjust the excess amount paid by the complainant towards the coming financial year 2015-2016 and issue a receipt to acknowledge the same. The opposite party ought to have explained situations to the complainant then and there so that the complainant would not have proceeded with the complaint before the Forum. If the complainant was convinced about the real facts from the opposite party, and the opposite party had assured that they will either refund or adjust the excess payment towards future payment the complainant would not have such difficulties. Without doing so, the complainant was dragged to the Forum for obtaining a favourable order. This amounts to deficiency of service on the part of the opposite party. Issue No.1 is answered accordingly. However considering the nature of the case we direct the opposite party to pay an amount of Rs.1,000/- (Rupees one thousand only) towards the cost of this proceedings. In the result complaint is allowed with cost of Rs.1,000/-(Rupees one thousand only). The aforesaid amount shall be paid within 1 month from the date of receipt of this order by the Officer-in-charge of front office at the relevant period failing which the complainant is entitled to get 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 20th day of June, 2015.
Sd/-
Smt. Shiny.P.R
President
Sd/- Smt. Suma. K.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1- Property Tax receipt of Rs.210/- issued by Agali Grama Panchayath in the name of complainant dtd.05/08/2013 (Original)
Ext.A2- Property Tax receipt of Rs.438/- issued by Agali Grama Panchayath in the name of complainant dtd.27/09/2014 (Original)
Exhibits marked on the side of opposite party
Nil
Witness marked on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost Allowed
Rs.1,000/- as cost.
