SRI BIJAYA KUMAR DAS,PRESIDENT:-
Unfair trade practice in respect of non-supply of P.D.S. commodities to the complainants are the allegation arrayed against the Opp.Parties.
2. Complaint, in a nutshell reveals that complainants are the permanent inhabitants of the address mentioned in the cause title of the complaint petition and APL card holders under Kendrapara Block. The OP No.1 Smt. Bijayalaxmi Nayak is the fair price shop license holder to supply the P.D.S. items to the consumers of Dhumat G.P. The APL card holders are entitled to receive only wheat and Kerosene oil under P.D.S. system. The complaint petition reveals that as per the information OP No.1 is supplying PDS commodities 381 APL card holders out of total 814 consumers, but infact the OP No.1 is not supplying the PDS commodities by misappropriating the same. It is also alleged that on dtd. 10.12.2015 while the OP No.1 sold the PDS Kerosene oil to a private bus staff caught red handed by the villagers and a complaint was lodged before the Collector,Kendrapara who directed vide order dtd. 19.12.2015 to OP No.2 to enquire into the allegation. Further, the complainant alleges the illegal connoyvance among OP No.1 with other Ops. Such acts of the Ops deprived the APL card holders to get their PDS commodities. The cause of action of the instant case arose on dtd.10.12.2015, dtd.19.12.15 and lastly on dtd.31.12.15 when OP No.1 refused to disbursed the PDS commodities to APL consumers. Hence, the complaint before the Forum with prayer that a direction may be issued to Ops for supply of PDS items like wheat and K.oil to the APL consumers along with compensation to the complainants for the unfair trade practice adopted by the Ops.
3. Being noticed OP No.1 dealer appeared through their Ld. Counsel and filed written version into the dispute challenging the maintainability of the complaint and denies the allegations. OP No.1 submitting the facts states that OP No.1 has been appointed as a FPS license holder authorized to distribute the essential commodities to card holders as assigned by the Government. But since December,2015 no essential commodities are issued to OP No.1 for its distribution to the card holders and the allotment of essential commodities of OP No.1 are tagged to other FPS license holder. It is averred that the names of the complainants do not find place in list supplied by Civil Supplies Officer and the present complaint is filed with a ulterior motive to defame the OP No.1 and the complaint is devoid of any merit and likely to be dismissed with cost.
OP No.2,3 & 4 on receipt of notice of the Forum appeared and OP No.3 BDO, Kendrapara block filed joint written version on behalf of OP No.2 to 4. It is stated that OP No.1 is the FPS license holder to supply PDS items to the consumers of Dhumat Gram Panchayat and PDS commodities of 381 APL consumers were allotted to OP No.1 upto Month of November,2015 withholding the quota of December,2015 but no complaint regarding non-receipt of PDS commodities were lodged before this Ops. On allegation of seizure of PDS K.oil it is submitted that 35 ltrs. Of K.oil was seized by enquiring officer and a proceeding U/S-6 –A is pending before the Court of the Collector. The monthly quota of OP No.1 under NFSA has been tagged on arrangement of Dhumat G.P. The written version of this Ops further reveals by submitting that the specific list of beneficiaries of PDS commodities appears in the complaint petition either tampered or fabricated by citing examples. Accordingly, the complaint is devoid of merit and may be rejected.
4. Heard the arguments advanced by Ld. Counsels for complainant and OP No.1 and case of the OP No.2 to 4 on merit. Perused the documents like list of beneficiary, copy of FPS Regd. Certificate issued by Deptt. of Food & Civil Supplies,Govt. of Odisha and copy of the grievance letter addressed to Collector,Kendrapara dtd. 19.12.2015 and gone through the written notes on argument filed by OP No.1. It is an admitted fact that OP No.1 is a fair price shop license holder authorized to distribute PDS commodities to the beneficiaries of Dhumat G.P. It is also admitted that the complainant-beneficiary under PDS are not receiving the PDS commodities from December,2015.
Before discussing the factual aspect of the case, decision should be taken whether the present complaint is ‘maintainable’ before this Forum or not ? as raised by OP No.1. In the written version and during course of argument Ld. Counsel for OP No.1 submits that complainants have never buys any goods of PDS items from the OP No.1-dealer rather the complainants have alleged unfair trade practice adopted by OP No.1 for not supplying the PDS commodities meant for the complainants and misappropriated the same for her financial benefits. It is further submitted that as per Sec.2 (d)(i) of the C.P.Act,1986 complainants has not paid any consideration to buy the PDS items. On the other hand, complainant to substantiate the dispute of maintainability filed a decision of the Hon’ble Supreme Court of India reported in 2012 CLR(II) SC 46 in case of M/s. Narne Construction Pvt. Ltd. etc.-Vrs-Union of India, where the Hon’ble Supreme Court opined that “The word ‘consumer’ is a comprehensive expression. It extends from a person who buys any commodity to consume either eatable or otherwise from a shop, business house, Corporation, store, fair price shop to use of private or public service. Thus, it is clear that when a person purchase a commodity from a fair price shop is a ‘consumer’ as per Sec.2(d)(i) of C.P.Act,1986. Complainants alleges that OP No.1 who is a fair price shop license holder misappropriated the PDS commodities of APL category of consumer by not supplying the monthly quota and in one such incident on dtd.10.12.2015 when the OP No.1 was selling the PDS K.oil caught red handed for which complainants lodged a grievance before Collector,Kendrapara who directed an enquiry and from December,2015 the OP N o.1 is not supplying the monthly PDS quota to the complainants. On the otherhand OP No.2 to 4 the administrative authorities in-charge of distribution of PDS in the district in their written version state that a case is pending subjudice before the Court of Collector,Kendrapara against OP No.1 U/S-6 of the allegation of complainants regarding illegal selling of PDS K.Oil by the Op No.1 It is the further case of the OP No.2 to 4 that no complaint regarding irregular distribution of PDS is reported by the complainants, further the monthly quota of PDS under NFSA are tagged by arrangement from December,2015.
Considering the allegations and counter, it is clear that If the allegations of the complainants are facts, it relates to loopholes in the system which comes under the Jurisdiction of Civil administration and further any relief in this regard to the complainants are within the purview of NFSA. So far the allegation of non-supply of PDS commodities from Dec.2015 is concerned, we are of the opinion that when OP No.2 to 4 the administrative authority tagged the monthly quota of PDS by arrangement, then the OP No.1 is no way responsible to distribute the PDS items to the complainants, further there is no reason to disbelieve the version of OP No.2 to 4 regarding tagging arrangement of monthly PDS quota.
Accordingly, the complaint is disposed of without cost.
Pronounced in the open Court, this the 12th day of August,2016.
