BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

CACHAR :: SILCHAR

Con. Case No. 31 of 2015

            Sri Balaram Biswas, ……………………………………………        Complainant.        

-V/S-

1. Sri Sukesh Paul,

   Vill- Madhupur Part-1.                                                              O.P No1.                                                  

2. Sri Jhantu Paul,

   Vill- Khaspur, Salganga.                                                            O.P No2.                                             

Present: -                                Sri Bishnu Debnath,                                                 President,

District Consumer Forum,

                                                Cachar, Silchar.                                            

Mrs. Chandana Purkayastha,                      Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.                                            

                                                            Shri Kamal Kumar Sarda,                           Member,

                                                            District Consumer Forum,

                                                            Cachar, Silchar.             

            Appeared :-                Sri Prasenjit Bhattacharjee, Advocate for the Complainant.

Sri  Ashok Kumar Roy,  Advocate for the O.Ps.

                         Date of Evidence………………………..    29-09-2016, 23-02-2017

                         Date of written argument………………    06-09-2017, 14-12-2017

                         Date of oral argument…………………..    18-01-2018

                         Date of judgment……………………….     05-02-2018

JUDGMENT AND ORDER

                          Sri Bishnu Debnath,

1. The Complainant Balaram Biswas being BPL Card Holder brought complaint against Sri Sukesh Paul, the Fair Price Shop dealer and another with allegation that since August, 2014, he is not getting his allotted rice from that fair price shop. Of course, in the complaint petition he also stated many more alleged irregularities regarding distribution of commodities to BPL card holder.

    

2. Anyhow, notice issued to the fair price shop holder and Jhantu Roy but they did not submit W/S. However, during hearing the complainant submitted his deposition supporting affidavit and also submitted deposition of Ranjit Lal Choudhury and Bhairab Namasudra and exhibited 5 (five) documents. The O.Ps though failed to submit W/S but submitted deposition of as many as 6 (six) witness including deposition of Sukesh Paul and produce copies of letter address to Chairman, Khaspur Co-Operative society Ltd. and copy of an application to withdraw Ejahar lodged by the complainant against the O.P Sri Sukesh Paul. After closing evidence both sides; counsels submitted written argument.

    

3. In this case the complainant in his complaint prayed for compensation on this plea that he is not getting Rice allotted to him as BPL Card holder. To establish the status as BPL Card holder he exhibited copy of BPL Card. In that card no entry is available since the month of August,2014. But the O.P deposed that the complaint was not collecting his allotted rice for the month of August,2014 and September,2014 in spite of information send to him. Accordingly, he further deposed that the matter was informed to higher authority with request to cancelled the allotted rice of the complainant from his allotment vide the Annexure-1.

    

4. I have gone through the content of the Annexure-1 and believed the fact because it is appeared that the letter was written on 16-09-2014 to the Chairman Khaspur Co-Operative Society Ltd. Not only that the Dw-2 to Dw-6 supported the fact that the complainant lodged the Complaint. On village Silchar, the complainant confessed his guilt and stated that he will not file such type of case is future. The Annexure-2 reflected the fact very clearly that the complainant had withdrawn the complaint from O/C Udharband P/S on 30-12-2016.

    

5. Of course Annexure -2 is not clear as what was the subject matter of FIR but it can be gaged that FIR was lodged due to misunderstanding. Anyhow, in this case the O.P. deposed that the Complainant is now taking the rice allotted in the head of Khadya Surakhsha but it is not clear from his deposition as for how many months since September, 2014, the O.P did not receive the rice allotted to the Complainant.

    

    

6. Hence, the O.P. is asked to take appropriate step to release all those un-allotted rice of the Complainant and inform the Complainant immediately after receiving those allotted rice to collect as per the price fixed by Rule. All the step and procedure to be taken by the O.P. within 30 days from today. If fail, he is to pay compensation of Rs.10,000/- to the Complainant which includes compensation for disservice, mental agony and cost of the proceeding.

    

7. The aforesaid awarded compensation to be paid within 45 days from the date of defaulter to take necessary step to re-allot the rice of the Complainant. Further, if the O.P. is ready to pay compensation the entire amount of compensation to be paid within the above stipulated period and on failure interest at the rate of 10% per annum to be added with the above compensation.

    

8. With the above, this case is disposed of on contest. Supply free certified copy of Judgment to the parties. Given under my hand and seal of this District Forum on this the 5^th day of February.