Orissa

Rayagada

CC/219/2016

Smt. Kanjaka Tilai - Complainant(s)

Versus

Superintendent MKCG Medical College Hospital - Opp.Party(s)

Self

01 Feb 2017

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                 C.C. Case  No. 219/ 2016.

 P R E S E N T .

Sri Gadadhara Sahu, B.Sc.                                  Member

Smt.Padmalaya Mishra,LL.B.                          Member

Smt.Kanjaka Tilai,aged about 50 years, W/o late Sindhu Kanjaka,At: Adibasi Polama,P.O.Po.oma,P.S.K.Singhpur, Dist.Rayagada.                  …….Complainant

                                        Vrs.

1. Superintendent MKCG Medical College,Hospital, Berhampur,Dist.Ganjam.
2. Municipal Commissioner, Berhampur Municipal Corporation, Berhampur, Dist. Ganjam.                                                    .…..Opp.Parties

Counsel for the parties:                         

For the complainant: In Person

For the O.Ps: Self

 

                                        JUDGMENT

                The facts of the complaint  in brief is that  the husband of the  complainant  was in jail custody at Rayagada Sub Jail and during the time in jail be became  sick and he was referred to MKCG Hospital Berhampur for his treatment and during his treatment  he was expired on 18.12.2012 and after his death   at MKCG Hospital Medical College Berhampur  the petitioner has applied for death certificate of her husband  at Municipal Corporation Berhampur, Dist. Ganjam go get her widow pension  but the  OP 2 has issued a wrong death certificate for which the petitioner has approached  the OP 1 & 2 number of times for rectification of the death certificate  but the same has not been rectified by either of the Ops. The complainant also approached  through advocates number of times but the Ops failed to rectify till  now. Hence, prayed  before this forum to direct the Ops to  rectify the death certificate of her deceased husband to get her  widow pension and  LIC benefits and also direct to pay Rs.15,000/- towards mental agony  and litigation  charges. Hence, this complaint.

                Being  noticed by this forum   the opposite party  did not  file written version but made some correspondence and filed some  relating documents. The OP 2 vide letter No.29 dt.13/10/2016  has intimated this forum that the death event of Sindhu Kanjaka, S/o late Sundura Kanjaka has been registered in this registration unit  vide  Regd No.219/2013 dt.07/01/2013 and the necessary correction has been  made and requested  to direct the complainant to submit the original death certificate of the deceased late Sindhu Kanjaka which was issued previously  and she will apply for issue of   correct death certificate. After receipt of letter from the OP 2, the Forum directed the complainant to produce the original death certificate but the complainant has files an affidavit        stating therein that the original certificate which was issued  by the OP 2  has been completely eaten by the white ants and no part of it is available and  she is not able to  produce before the OP 2.

                It is admitted fact that the   OP 2 has issued death certificate where the name and  his father father neme of the  deceased has wrongly been mentioned and the OP 2 has admitted the fact and intimated the forum that the death event of Sindhu Kanjaka, S/o late Sundura Kanjaka has been registered in this registration unit  vide  Regd No.219/2013 dt.07/01/2013  by the OP 1 and the necessary correction has been  made and requested  to direct the complainant to submit the original death certificate of the deceased late Sindhu Kanjaka which was issued previously  and she will apply for issue for  correct death certificate. But the complainant has files an affidavit and submitted that the death certificate issued by the OP 2 earlier has been  completely damaged  as it was eaten by the white ants and no part of it is available with her and she could not produce the same before the OP 2.

                From the aforesaid discussion, it is believed that the OP 2 has issued a wrong death certificate and as per the proper report submitted by the OP 1 the same has been  rectified  and the same can be issued after submission of original death certificate  by the complainant but  as per the affidavit filed by the complainant the original death certificate has been damaged  as it was eaten by white ants and  it is not possible on the part of the complainant to produce before the OP 2, we are of the opinion and considered the affidavit of the complainant  and direct the OP 2 to issue the correct    death certificate to the complainant. Hence it is ordered.                    

                                                ORDER

                The  Opposite Party No.2 is    directed to  issue the correct death certificate as per the report submitted by the OP 1  to the complainant within thirty days from the date of receipt of this order failing which the O.p is  liable to prosecute u/s 27 of the C.P.Act,1986.       

                Pronounced in open forum today on this  29^th day of April ,2017 under the seal and signature of this forum.

                 A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

         Member                                                             President I/c

Documents relied upon:

By the complainant:

1. Copy of Certificate of Death
2. Copy of Voter ID
3. Copy of letter  issued by Supt. Of Jail, Rayagada

By the Opp.Party:

1. Letter No.170 dt.03/09/2016
2. Letter No.12159 dt.07/09/2016
3. Letter No.12158 dt.07/09/2016
4. Copy of Property Seizure Memo
5. Letter Memo No.12162 dt.07/09/2016
6. Letter Memo No.12503 dt.15/09/2016
7. Letter No.29 dt.13/10/2016

                                                                    President I/c