DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK : (ODISHA).
Consumer Complaint No. 112 of 2022.
Date of hearing : 19.04.2023.
Date of order : 08.05.2023
Dated the 8th Day of May, 2023.
Smt. Supaya Das, aged about 38 years,
W/o:- Bijaya Das, At/Po:- Rampur, via:- Motto,
P.S:- Chandbali, Dist:-Bhadrak, Cell No.-9348888233.
………….. Complainant.
-:Versus:-
- Sri Chakradhar Sahu, S/o:- Late Paramananda Sahu,
At:- Malisahu, Po:- Madhupur, P.S:- Chandabali,
Dist:- Bhadrak.
- The Block Development Officer (BDO) Chandabali Block,
At/Po/PS:- Chandabali, Dist:- Bhadrak.
- Marketing Inspector, Chandabali Block,
C/o:- O/o Block Development Officer (BDO)
Chandabali Block, At/Po/PS:- Chandabali, Dist:- Bhadrak.
- The Civil Supplies Officer, Bhadrak,
At:- Bankasahi, Po/PS/Dist:- Vhadrak-756100.
.…………Opposite parties.
P R E S E N T S.
1. Shri Shiba Prasad Mohanty, President,
2. Smt. Madhusmita Swain, Member.
Counsels appeared for the parties.
Counsel For Complainant : Sri Debasish Nayak, Advocate,
Counsel For the Opp. Parties : In person.
J U D G M E N T.
SRI SHIBA PRASAD MOHANTY, PRESIDENT.
In the matter of an application filed by the complainant alleging deficiency of service against the Opposite Parties under Consumer Protection Act, 2019.
A fact of the case is that, the complainant is a poor, simple daily labour & permanent inhabitant & beneficiary under the National Food Security Act, 2013. The complainant allotted Ration Card No.0405P116 & her family consists of 5 Nos. including her son Satyabrata Das, who is a physical disable person. The O.P. No.1 has been appointed as a FPS Code No.0405116 for fair distribution of essential commodities under the National Food Security Act to the complainant. O.P. No.3 is the Marketing Inspector who has been entrusted to supervise the distribution of essential commodities among the dealers/FPS. The O.P. No.2 & 4 are immediate controlling authority of the O.P. No.3 as well as O.P. No.1. O.P. No.1 is a very adamant & influential person in the locality & after his appointment as retailer for the village he has been distributing the essential commodities like rice, wheat etc. under National Food Security. After allotted Ration Card the complainant time to time has gone to receive the essential commodities like rice, wheat, kerosene etc. under National Food Security but the O.P. No.1 has always given less quantity than ration per month as approved under National Food Security & taking different pleas in different time. The quality of rice is not proper & it contains husk & sand, when the complainant raises her voice against the quantity & quality of essential commodities than the O.P. No.1 threatened the complainant to delete her name from the list of beneficiary under the National Food Security as he is a supporter of ruling party. Therefore, under the compelling circumstance the complainant was compelled to acknowledge in the Ration card as she receives the articles regarding the quantity. In the month of October 2022 when the complainant went to receive the essential commodities and he acknowledged the finger prints but the he refused to provide the same. That, on dt.07.11.2022 when the complainant along with her son Satyabrata Das, who is a physical disable person went to receive the essential commodities the O.P. No.1 abused her in filthy language & refused to provide the same. As such the complainant went to the office of the O.P. No.2 & 3 to put forth her grievances but the both the O.Ps deaf hear to the genuine grievances of the complainant.
The O.P. No. 2,3 & 4 submit that, the complainant challenges the deficiency in service & unfair trade practice by O.Ps, is not applicable for Ops, as the distribution is happening on online Aadhaar Authentication mode in real time basis. It is admitted that the complainant has a Ration Card bearing No. 04052412848 consisting of five family members & collecting PDS commodities from Sri Chakradhar Sahu, FPS Retailer bearing Code 0405P116since long. It is also admitted that the O.P. No.1 Sri Chakradhar Sahu is a FPS Retailer & has been distributing PDS commodities under the administrative control of O.P. No.2,4 & 3 as per OPDS Control Order 2016. O.P. No.1 is very adamant & influential person & it is to say that it has not yet been established in any forum/court of law, but has been distributing PDS commodities since long with a satisfactory performance. Complainant has alleged against O.P.No.1, regarding distribution of less quantity of PDS stock than that of prescribed quantity & that to of bad quality. This is to say that PDS commodity is being distributed to Ration Card holders by using computerized weigh scale, good quality commodities (like Rice, Wheat) which is supplied to FPS Retailers from RRC-Cum-DSC godown by observing all quality parameters. The complainant Smt. Supaya Das also alleged that, the said FPS Retailer is a supporter of ruling party & this is to say that it is not known to O.P. No.2 & 3. It is alleged by the complainant that on dt.07.11.2022 during receipt of PDS commodity, the retailer concerned has used abusive filthy language, & in addition to this the O.P. No.2 & 3 did not attend his complainant. It is pertinent to mention here that, on dt.04.11.2022, the complainant concerned did not receive any PDS commodity from the retailer concerned as per online transaction, rather it is ascertained that on dt.08.11.2022, at about 9.05 A.M., the complainant has received PDS commodities for the month of October & November 2022 from the retailer concerned in Aadhaar Authentication online transaction through Sri Bijay Kumar Das, who is a family member of the complainant & in addition to this the complainant did not put forth any allegation before O.P. No.2 & 3. It is mentioned that the complainant has visited the office of the O.P. No.2 & 3 to put forth his allegation & the O.Ps have neglected her complaint over long period. It is to inform that complainant has received PDS commodities on 08.11.2022 for two months. Complainant made allegation against O.P. No.1 regarding non-issuance of PDS quota for the month of October 2022. It has not happened so, as because the complainant’s family member Sri Bijay Kumar Das has already lifted quota on 08.11.2022 for the month of October & November 2022. It is mentioned that the O.Ps did not take any effective steps to settle the claim of the complainant, it is not so, as the online authentication transaction history proves that, the said family has been receiving PDS commodities since May 2021 on regular basis in Aadhaar Authentication online mode, which cannot be manipulated. Hence no mistake/neglect has been made towards the complainant.
After hearing these parties and their respective contentions and after careful consideration of the documents and records, this commission finds that despite repeated opportunity, OP No.1 did not appear nor filed any written version. However, the supply dept. OPs say that OP No.1 i.e. Sri Chakradhar Sahu who is a FPS Retailer & has been distributing PDS commodities under the administrative control of O.P. No.2,4 & 3 since long with a satisfactory performance. But this commission takes adverse inference for disobedience of OP No.1 to appear before the commission to answer the accusations leveled against him by the complainant. During hearing the complainant also revealed that the retailer OP No.1 is threatening her to delete her name from the list of beneficiaries. Complainant has made allegation against O.P. No.1 regarding non-issuance of PDS quota for the month of October & November 2022. As per averments of OP No.2,3 & 4, complainant’s family member Sri Bijay Kumar Das has already lifted quota on 08.11.2022 for the month of October & November 2022. The name Bijaya Kumar Das also reflects in the Ration Card filed by the complainant. However, in the circumstances of willful absence of the OP No.1, this commission believes the version of the complainant with regard to short supply of essential commodity by OP No.1 to the complainant. The supply dept. OPs have acted promptly and checked records after receiving the complaint of the complainant. So, it can’t be said that these OP No.2, 3 & 4 are erring. The complainant needs to be compensated for such short supply by the OP No.1 since May 2021.
O R D E R.
In the result, complaint is partly allowed against OP No.1 and dismissed against rest of the OPs. The OP No.1 is directed to pay Rs.5000/- towards compensation to the complainant for his short supply of PDS articles since May 2021 and further to issue right quantity and quality in time to the complainant. Apart from that the OP No.1 is further directed to pay Rs. 1000/- towards cost of litigation to the complainant. The order is to be carried out within 15 days from receipt of this order.
This order is pronounced in the open Court on this the 08th day of May 2023 under my hand and seal of the Commission.
