The Complainant has filed this case alleging deficiency-in-service by O.P. Here O.P is the Tahasildar, Oupada-Cum-Incharge Tahasildar, Nilgiri of At/P.O/P.S- Oupada, Dist- Balasore.

                         The Complainant’s case, in brief, is that the Complainant had applied for 06 (six) nos. of certified copy of R.O.R in the prescribed form in the Office of the Tahasildar, Nilgiri on 15.09.2014 & also deposited user fees a sum of Rs.180/- (Rupees One hundred eighty) only @ Rs.30/- per R.O.R for obtaining certified copies of the same in Subidha Kendra of Nilgiri Tahsil Office & thereby obtaining the money receipts vide Sl. No.1127 to 1132 corresponding to receipt book Sl. No. P 0534333 to P 0534338. The date of delivery of the certified copy of R.O.R as mentioned in money receipts is 17.09.2014. The Complainant failed to obtain the above noted certified copy R.O.R from the Office of the Tahasildar, Nilgiri, because the Office staffs replied that the documents were not prepared. The Complainant had been to Office of the Tahasildar, Nilgiri continuously from 17.09.2014 to 08.10.2014 to obtain the above said R.O.Rs, but the staffs of Tahasil Office, Nilgiri gave a deaf ear & informed the Complainant to wait till preparation of those documents, which were not prepared till date. As a result, the Complainant put into unnecessary harassment & sustained mental agony for the illegal act, negligence, carelessness & deficiency-in-service on the part of the O.P.

                         Prayer of the Complainant is for refund of user fees along with compensation for the loss caused to unnecessary harassment & mental agony with interest along with litigation expenses.

                         The Advocate on behalf of O.P filed a time petition to file written version within one month on 07.01.2015, but written version is not filed by O.P till 20.04.2015. More ever, the O.P has not initiated any steps & is absent on 20.04.2015. Hence, the O.P is set ex-parte. Ex-parte hearing was conducted on 19.08.2015. The Complainant filed two sheets xerox copy of Govt. of Odisha, Revenue Department resolution for collection of user fee for computerised certified copies on that date.

                         Further, the Complainant filed written argument on 05.10.2015 where it is submitted that the O.P appeared before this Forum through his Advocate but did not file written version in the Hon’ble Forum in the stipulated time granted to him & thereby set ex-parte and also did not participate in the hearing of the case.

                         That, due to non-challenge contrary the case of this Complainant is found to be trust worthy, reliable & credible and on the other hand, the O.P knowingly, intentionally, malafidely & deliberately contravene the Law & not performed duty which caused unnecessary harassment, mental agony & loss as such the O.P liable under Law.

                         On Scrutiny of the Complainant’s petition & documents filed by the Complainant such as Govt. of Odisha, Revenue Department resolution No.S-88/2005, 39463/R, dt.28.09.2005 regarding collection of user fee for computerised certified copies issued by the Tahasildars stated “User fee shall be collected in the following scale, where the certified copy is issued by the Tahasildar/ Addl. Tahasildar on the same day when the application was made/ filed. If the certified copy could not be issued on the same day, no user fee shall be collected”. The user fee shall be collected over & above the prescribed application fee. The user fee shall be collected in the following scale as per Govt. of Odisha, Revenue & Disaster Management Department vide Resolution No.S-29/2011-38196/ R&DM, dt.07.09.2011 as detailed below:-

A. Certified  copy of R.O.R                         Amount of user fee to be collected         Rs.30/-

        (per khata/ Holding)                                                                                    (Rupees Thirty) only

                         In the instant case, the Complainant has deposited Rs.180/- (Rupees One hundred eighty) only towards user fee for six nos. of certified copy of R.O.R but not received the same on the same date i.e. on 15.09.2014, which has violated the Revenue Department resolution No. S-88/2005, 39463/R, dt.28.09.2005, which amounts to deficiency-in-service by the O.P. Hence, the Order:-  

                                                   O R D E R

                         Having all regards to our aforesaid findings, the Complainant is allowed with directions to O.P to return back a sum of Rs.180/- (Rupees One hundred eighty) only towards the user fee collected earlier. Further, the O.P is directed to pay a sum of Rs.1,000/- (Rupees One thousand) only to the Complainant towards compensation for mental agony & litigation cost. The above mentioned amount will be paid by the O.P to the Complainant within 30 days on receipt of this order.

                         Ex-parte Order Pronounced in the Open Forum this day the 29th day of June, 2016 given under my Signature & Seal of the Forum.