Delhi

East Delhi

CC/250/2023

RAKESH - Complainant(s)

Versus

STATION HOUSE OFFICER(SHO) - Opp.Party(s)

UMESH GUPTA, ADV

01 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. No.250/2023

 

	RAKESH S/O SH. DAL CHAND R/O: 29/458, TRILOKPURI, DELHI - 110091	….Complainant
Versus
	STATION HOUSE OFFICER (SHO) POLICE STATION MAYUR VIHAR, TRILOK PURI, DELHI – 110091	……OP

 

 

Date of Institution	:	29.05.2023
Judgment Reserved on	:	28.07.2023
Judgment Passed on	:	01.08.2023

 

                   

QUORUM:

 

Sh. S.S. Malhotra	(President)
Ms. Rashmi Bansal	(Member)
Sh. Ravi Kumar	(Member)

 

 

Order By: Shri S.S. Malhotra (President)

 

 

 

ORDER

1. By this order the Commission shall dispose off the arguments of the complainant at  admission stage w.r.t. the present complaint filed by the Complainant against SHO, Police Station Mayur Vihar for not supplying the certified copy of certain documents. 
2. In nutshell the complaint of the complainant is that he filed an application on 28.01.2023 under Section 74 of Indian Evidence Act before OP for asking certified copy of certain documents and deposited the postal order of Rs.500/-  but after waiting for a long time the complainant did not get the documents and as such he has filed the present complaint praying that OP be directed to provide certified copy of some documents as requested by the complainant vide application dated 28.01.2023 along with compensation of Rs.10000/-, alleging himself to be the consumer of OP. 
3. The Commission has heard the arguments and perused the record. 
4. What documents were sought have not been mentioned in the entire complaint and further whether there is any receipt taken from the SHO of having given the application to SHO is also not explained.  The copy has been allegedly sought by way of  sending a letter to OP through speed post and no tracking report has been placed on record to show that the same has reached the office of SHO and above all the Commission has also enquired as to how the SHO alone has been made a party so as to explain whether SHO has any account in the Post Office where he can deposit the postal orders and why the concerned institution has not been made a party but there is no specific replies to the queries raised by the Commission. 
5. In general parlance the Station House Officer (SHO) is only the administrative  head of the Police Station and he is not a statutory authority to receive postal order/fee/consideration. 
6. The Commission has also enquired from the complainant  that whether he had given the application seeking certified copy to the SHO against proper receipt to which it is informed that it was sent by Speed Post.  When enquired as to whether the tracking report has been filed.  The reply came in negative.  The application otherwise is too vague when it is written that certain documents were asked and then it has not been clarified as to how the SHO alone has made a party.  In absence of any details of documents for which certified copies has been sought from the SHO and also in view the payment of fee to SHO by postal order  and is not payment of any fee/consideration to OP and therefore complaint is rejected as not maintainable in the present form.    

Copy of the order be supplied / sent to the parties free of cost as per rules.

File be consigned to Record Room. 

Announced on 01.08.2023