BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.

Consumer Complaint No. 220 of 2015

Date of Institution: 10.04.2015

Date of Decision: 03.02.2016  

Varinder (aged 28 Years) son of S.Sucha Singh, resident of 3069, Niwen Tung Pai, Batala Road, Amritsar (M 99141-88271).

Complainant

Versus

Shri Ashwani Kumar Pappu (Map), Depot Holder, Depot Number 1444, Pawan Nagar, Main Bazar, Amritsar.  

Opposite Party

Complaint under section 11 and 12 of the Consumer Protection Act.

Present: For the Complainant: None

              For the Opposite Party: Opposite Party exparte.

Quorum:

Sh.Bhupinder Singh, President

Ms.Kulwant Kaur Bajwa, Member

Mr.Anoop Sharma, Member  

Order dictated by:

Sh.Bhupinder Singh, President.

1. Present complaint has been filed by Sh.Varinder under the provisions of the Consumer Protection Act alleging therein that  father of the complainant had already got made ration card of five persons.  The Opposite Party is working as depot holder in his locality. The Opposite Party had original D-1 form in his custody and he is supplying oil and other things to the consumers. The complainant is married with Amarpreet Kaur daughter of Surinder Singh on 27.2.2011. After the marriage, the complainant went to the Opposite Party for making new ration card and deleting his name from old ration card. The Opposite Party demanded application for issuance of ration card and assured to delete the name of his wife from old ration card. The complainant had given the application for issuance of new ration card and deletion of name, passport size photos, individual passport size photos for the purpose of preparing the ration card. The wife of the complainant wanted to apply for jobs as well as for marriage certificate, UID card, etc. Thereafter, on the directions of District Food & Supplies Officer, Goawal Mandi Chowk, Amritsar the complainant again visited the Opposite Party on 5.3.2012 with the request to supply the D-1 Form, but the Opposite Party neither prepared the ration card nor issued the D-1 form.        Alleging the same to be deficiency in service, complaint was filed seeking directions to the opposite party to make new ration card and to delete his name from old ration card. Compensation and litigation expenses were also demanded.
2. On notice, none appeared on behalf of the Opposite Party despite service, so Opposite Party was proceeded against exparte vide order dated 25.5.2015 of this Forum. 
3. Complainant tendered into exparte evidence his affidavit Ex.CW1/A, affidavit of Hira Singh Ex.CW2/A alongwith documents Ex.C1 to Ex.C8 and closed the evidence on behalf of the complainant.
4. From the record i.e. pleadings of the parties and the evidence produced on record by the parties, it is clear that father of the complainant got ration card from District & Supplies Department, Amritsar. Complainant submitted that Opposite Party, who is depot holder had D-1 Form in his custody as he was supplying ration articles to the consumers. The complainant is married with Amanpreet Kaur on 27.2.2011. Then the complainant approached the Opposite Party for making new ration card and to delete his name from old ration card. Opposite Party demanded an application for issuance of new ration card and assured that he would delete his name from the old ration card. The complainant had given the application for issuance of new ration card and for deleting his name from old ration card alongwith passport size photos, individual passport size photos for the purpose of preparing the ration card. The wife of the complainant wanted to apply for jobs as well as for marriage certificate, UID card, etc. Thereafter, on the directions of District Food & Supplies Officer, Goawal Mandi Chowk, Amritsar the complainant again visited the Opposite Party on 5.3.2012 with the request to supply the D-1 Form, but the Opposite Party neither got prepared the ration card nor issued the D-1 form. Therefore, the complainant could not apply for job, marriage certificate, etc for want of ration card. The complainant in his complaint submitted that  all this amounts to deficiency of service on the part of the opposite party.
5. Opposite Party appeared in person in this case on 6.11.2015 and got recorded his statement that he is depot holder only and the ration cards were being issued by District & Food Supplies Department. Depot Holder was not entitled to collect D-1 form and to issue ration card. The complainant has never submitted him any D-1 form to obtain ration card nor he has collected any D-1 form from the complainant. Moreover, Punjab Government has stopped issuing new ration card w.e.f. 19.9.2014. Thereafter, Opposite Party did not turn up.
6. The complainant has produced on record his ration card Ex.C1, certificate regarding his caste Ex.C2 and slip dated 5.3.2012 (Ex.C3) signed by Assistant Food & Supplies Officer, Amritsar on which it is written ‘issued D-1 Form’ and copy of old ration card Ex.C4. He has also produced on record letter written by the complainant to Opposite Party dated 13.8.2014 Ex.C5 for issuance of ration card as well as copy of complaint made by the complainant against Opposite Party submitted to District Food & Civil Supply Officer, Amritsar Ex.C7, notice Ex.C8. Thereafter, neither the complainant nor the Opposite Party turned up.
7. In this case, the complainant could not produce any document or instructions of the Government of Punjab, Food & Supplies Department, to prove that the depot holder can issue ration card or make change i.e. deletion or addition of any name in the ration card nor he could produce any evidence that depot holder i.e. Opposite Party is competent to issue any new ration card or can make change in old/ existing ration card. Not only this, Government of Punjab has stopped issuing of new ration cards w.e.f. 19.9.2014 whereas the complainant has filed the present complaint on 10.4.2015 alleging that Opposite Party who is only depot holder and not official of District Food & Supplies Department, nor competent to issue ration card or to make change in the existing ration card, has not issued the ration card to the complainant. The complainant has failed to prove on record that he is consumer qua the Opposite Party.
8. Consequently we hold that complainant has failed to prove his averment against the Opposite Party  or any deficiency of service on the part of the Opposite Party.
9. Resultantly, we hold that the complaint is without merit and the same is hereby dismissed with no order as to cost. Copies of the order be furnished to the parties free of cost. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Dated: 03.02.2016.                                                               (Bhupinder Singh)                                                                                                                                                                                                      President

hrg                                                (Anoop Sharma)     (Kulwant Kaur Bajwa)   

                                                Member                         Member