DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of January 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 1/01/2015
(C.C.No.2/2015)
Ibrahimkutty.S.S.
F1 Quarters, K.S.E.B. Colony,
Parali Post, Palakkad - Complainant
(Party in Person)
Vs
1.Sub Inspector, Ottapalam Police Station,
Ottapalam, Palakkad
2.Secretary,
Ottapalam Municipality,
Ottapalam, Palakkad. - Opposite parties
(By Adv.K.R.Santhoshkumar)
O R D E R
By Smt.Suma.K.P. Member
The complainant in this case was sanctioned sand pass from the Palakkad Collectorate on 16/1/2013 by payment of Rs.7500/- towards the treasury. The sand was allocated from Ottapalam Meetna kadavu. On 19/1/2013 due to some unavoidable circumstances he could not lift the sand. Since next day was Sunday he went to the said kadavu on 21/1/2013. The official of the Ottapalam Muncipality had informed him to renew the pass bearing No.183453, 183454. The labourers of the complainant collected sand in their tipper lorries before obtaining renewal of the pass. Before obtaining renewal 2nd opposite party seized the vehicle and taken to the Ottapalam police station alleging that the sand was collected illegally without obtaining pass. The complainant alleges that he was waiting before the Municipal Secretary’s office for getting renewal of the pass and he had collected the sand with permission of the Municipal staff. But unfortunately Municipal Secretary directed him to the Palakkad District Collector for getting it renewed. He also alleges that 1st opposite party ill treated him and did not renewed his pass from then and there. Both opposite parties behaved indecently towards the complainant and did not release the vehicle even after obtaining the valid pass on 25/1/2013. On 23/1/2013 when the complainant was returning from Ottapalam Police Station he met with an accident and sustained injuries to his head and left leg. Consequent to this accident he was admitted in Jubilee Mission Hospital till 5/2/2013. He was on leave from official duties for six months. He could not complete the construction of his house by not obtaining the sand in time. Now, that cost of the material has increased. Hence he had approached before this forum seeking an order directing the opposite parties to sanction the allocated sand. According to the complainant denial of sand pass on the particular date amounts to deficiency of service on the side of opposite parties. He had also prayed for an order to grant compensation to the tune of Rs.1 lakh for the mental agonies and sufferings and financial loss sustained to him.
Notice was issued to opposite parties. 1st Opposite party remained absent even after accepting notice from the Forum. Hence he was called absent and set exparte. The 2nd opposite party entered appearance through counsel and filed version contending the following:
Second opposite party contended that complainant did not availed the sand pass No.183453 & 183454 on 19/1/2013. But on 21/1/2013 the complainant alongwith the previous pass and with two tipper lorries went to the Meetna Kadavu. The Municipal staff opposed and obstructed him from loading the sand to the vehicle and asked him to renew the previous pass. He directed the complainant to the office of second opposite party to get it renewed. Before renewing the pass, the labourers of the complainant loaded the sand. When the complainant left to the Municipal Office for getting renewal of the previous pass the 1st opposite party inspected the site and seized the vehicle seeing that the sand was loaded illegally. The matter then reported to 2nd opposite party. The 2nd opposite party is authorized to renew the pass only if the complainant submits the renewal application within 3 days from the date of default. Otherwise it can be renewed only by the Hon’ble District Collector. When the complainant approached the 2nd opposite party for renewal he forwarded the application to the District collector alongwith a reference letter and directed the complainant to the District collector’s office. The District collector had renewed the above passes on 25/1/2013 and delivered to the complainant on the same day by hand. Complainant could not avail the sand pass because the 1st opposite party had seized his vehicle for collecting unauthorized sand. 2nd opposite party is no way liable for the said act of the complainant. There is no deficiency of service on the part of 2nd opposite party. The loss suffered by the complainant is only due to the illegal and negligent act committed by himself. The complainant has no rights to file a complaint of such nature and the Forum lacks jurisdiction for the above complaint. Hence the complaint has to be dismissed with the cost of the 2nd opposite party.
2nd opposite party raised an issue with regard to the maintainability of the above complaint. The preliminary issue was heard and was found in favour of the complainant. Complainant filed chief affidavits alongwith documents. 2nd opposite party filed an IA 241/15 seeking permission to cross examine the complainant. IA was allowed and complainant was cross examined as PW1. Ext.A1 and A2 was marked. 2nd opposite party also filed chief affidavits. Evidence was closed and matter was heard.
The following issues are to be considered
1. Whether there is deficiency in service on the part of opposite parties?
2.If so, what is the relief and costs ?
Heard the parties. We have perused the documents produced before the Forum. It is evident from Ext.A2 that the complainant had filed application for renewal of the sand pass NO.183453, 183454 on 23/1/2013 and the said pass was renewed from the office of the
District Collector as on 25/1/2013. The complainant had admitted in his complaint as well as in cross examination that the sand was loaded in his vehicle at about 9.30 am on 21/1/2013. At the time of loading he does not possess a valid sand pass. The staff of the Municipal office had directed him to renew the pass obtained on 19/1/2013. He had approached the first opposite party at about 12.30pm on 21/1/2013 for charging his crime and the 1st opposite party has granted two days time for getting the pass renewed. But he had not produced any documents before the Forum to show that he had filed application for renewal within two days. He had deposed in cross examination that ഞാൻ പോലീസ് ഓഫീസറെ പോയി കണ്ടത് 12.30 മണിയ്ക്കാണ് . പോ ലീസ് കേസ് എടു ത്തിരു ന്നില്ല. 2 ദിവസം സമയം തന്നു. 2 ദിവസം സമയം തന്നതിനു ശേഷം പാസ്സ് റിന്യു ചെയ്യാൻ അപേക്ഷ കൊടുത്തതായി രേഖകൊണ്ട് കാണുന്നില്ല വാക്കാൽ പറഞ്ഞതാണ്.
According to the 2nd opposite party he had renewed the sand pass as on date the complainant had submitted it. There is no evidence before the Forum to prove the complainant had applied for renewal before 23/1/2013. Complainant had also alleged that he had sustained a motor vehicle accident on 23/1/2013 and was admitted at hospital with serious injuries. Hence he could not avail the facility of renewed pass for which the opposite party cannot be held liable. Complainant had produced photocopies of hospital admission records by which he had suffered motor vehicle accident. He had also submitted that due to the inordinate delay by not availing the renewed pass, his house construction was delayed and he had to suffer huge financial loss since the cost of the materials are increased. Considering the above aspects and on humanitarian grounds, we direct opposite parties to issue the renewed sand pass to the complainant within one month from the date of receipt of this order after complying the necessary formalities and to give priority to the complainant at the time of sanctioning the pass during the next allotment period. Considering the nature of the case the parties shall bear their respective costs.
Pronounced in the open court on this the 30th day of January 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 – Photocopy of sand pass issued on 19/1/2013 (Not legible hence objected )
Ext.A2 - Photocopy of renewed Sand pass dtd.25/1/2013 from Dist.collector’s office
Exhibits marked on the side of complainant
Nil
Witess examined
PW1 – Ibrahimkutty
Cost
No cost allowed.
