Punjab

Sangrur

CC/566/2017

Tajinder Singh - Complainant(s)

Versus

Sewa Kendra - Opp.Party(s)

Sh.Sonu Marken

04 Jan 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

                                                               

 

 

                                                Complaint No.    566

                                                Instituted on:      26.10.2017

                                                Decided on:       04.01.2018

 

Tajinder Singh son of Karnail Singh R/O Latti Khalil, Village Sherpur, Tehsil Dhuri, District Sangrur.

                                                        ..Complainant

                                        Versus

Sewa Kndra, Village Sherpur, Tehsil Dhuri, District Sangrur through its Manager.

                                                        ..Opposite party

For the complainant    :       Shri Sonu Markan, Adv.

For opposite party      :       Exparte.

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

 

Order by : Sukhpal Singh Gill, President.

 

1.             Shri Tajinder Singh,  complainant (referred to as complainant in short) has preferred the present complaint against the opposite party (referred to as OP in short) on the ground that the complainant applied  a birth certificate of his daughter at Sewa Kendra which was issued on 10.10.2016 by the Local Registrar Birth and Death, Municipal Corporation, Mohali in which as per process, name of his daughter was not mentioned.  The complainant again applied for incorporation of the name of his daughter on 22.12.2016 vide receipt number 01609001/21928/231215 by paying the charges i.e. Rs.55/- being the facilitation charges etc. and the OP was to provide the same on 28.12.2016, but the birth certificate was not provided despite repeatedly visiting the complainant to the OP.  It is further averred that the complainant also moved an application under Right to Information Act to SMO Mohali on 20.3.2017 and on 20.4.2017, whereby the replied that he has already approved the file on 24.1.2017, but there is problem in E-District software.  Further case of the complainant is that though he got served a legal notice upon the OP on 17.5.2017, but of no avail. Thus, alleging deficiency in service on the part of the OP, the complainant has prayed that the OP be directed to deliver the birth certificate of daughter of the complainant after incorporation of her name and further claimed compensation and litigation expenses.

 

2.             Record shows that the OP did not appear despite service, as such it was proceeded against exparte.

 

3.             The learned counsel for the complainant has produced Ex.C-1 to Ex.C-11 copies of documents and affidavit and closed evidence.

 

4.             We have very carefully perused the pleadings of the parties and heard the arguments of the learned counsel for the complainant. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             It is an admitted fact of the complainant that he applied with the OP for incorporation of the name of his daughter on 22.12.2016 in the birth certificate, as is evident from the copy of receipt number 01609001/21928/231215 and paid an amount of Rs.55/- being the facilitation charges etc., which is on record as Ex.C-3. Ex.C-4 is the copy of application dated 12.4.2017 sent to the Civil Surgeon SAS Nagar, Mohali, whereby he sought the information under the right to information Act and further Ex.C-7 is the copy of legal notice sent to the OP along with others such as Municipal Corporation Mohali, Edistrict Coordinator, Sangrur and Mohali, but no action was taken by the OP, despite all this.   It is on record that the complainant has paid the consideration charges to the OP vide receipt Ex.C-3, but the OP failed to provide the necessary birth certificate after incorporation of the name of the child in the certificate.  The OP chose to remain exparte nor there is any evidence produced by the OP on record. In the circumstances, we feel that it is a clear cut case of deficiency in service on the part of the OP.

 

6.             In view of our above discussion and circumstances of the case, we allow the complaint and direct the OP to issue the birth certificate as applied for after incorporation of the name of the child in the certificate. We further direct the OP to pay to the complainant an amount of Rs.10,000/- in lieu of compensation and litigation expenses.

 

7.             This order of ours shall be complied with within a period of thirty days of its communication. A copy of this order be supplied to the parties free of cost.  File be consigned to records.

                Pronounced.

                January 4, 2018.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                                             

                                                                (Sarita Garg)

                                                                   Member