DATE OF FILING-12.4.2012
DATE OF DISPOSAL-21.4.2014
O R D E R
Mrs.Minati Pradhan,Member
The case of the complainant in short is that the complainant on 10.2.2012 had applied for issue of urgent certified copy of the entire order sheet in M.C,.No,.4059/11 which was disposed of on 15.9.2011 and paid requisite fees for the purpose. He was supposed to get the same within 24 hours of his application, but the copy was not issued even after lapsed of five weeks of time. He, therefore, represented his grievance to Collector, Ganjam and after his much efforts he could get the same on 27.3.2012. Due to such delay the purpose for which he had applied was defeated. Hence, this case claiming for compensation for the loss and damage caused to him due to negligence in duties and deficiency in service on the part of the Opposite Party.
2- The Opposite Party being represented through learned A.G.P. has averred that due to reorganization work of the Tahsil Office, the records were in the state of reshuffle. Besides, there was major repair and renovation works undertaken in the Tahsil Office. The records were temporarily shifted to other places for which certified copies applied by the applicants were not supplied to the applicants within the stipulated period . In the case of the complainant, after thorough search of records his required documents were supplied to him on 27.3.2012. It is further submitted that during such reorganization works, about 4000 case records were scanned and digitally preserved in order to ensure
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prompt delivery of certified copy to the applicants. Under such circumstances, there was delay in supply of certified copy to the complainant which can not be presumed to be intentional or deliberate. Thus, the Opposite Party prayed for dismissal of the case.
3- The complainant in support of his case has filed certain documents which are marked as Annexure 1 to 4 respectively and placed on record. On the other hand, the Opposite Party does not prefer to file any document in support of his case.
4- On the date of hearing the complainant was found absent and the learned counsel appearing for the Opposite Party was present. Therefore, the case was taken up on merit as per Section 13(2)© of the C.P.Act,1986, taking into consideration the documents filed by the complainant and having heard from the side of the Opposite Party. It is an admitted fact that the complainant had applied for getting certified copy of order sheet in M.C.No.4059/11 on 10.2.2012 by depositing urgent fee in favour of the Opposite Party. It is also an admitted fact that the certified copy was not granted to him within the time prescribed for application on payment of urgent fee. It is also admitted that on 27.3.2012, the certified copy was handed over to him which according to the complainant was inordinate delay. When he did not get the certified copy in time, he had also put his grievance before the Collector, Ganjam and the Collector had also enquired the matter through Addl.Sub-Collector,Berhampur. It is pleaded by the Opposite Party that the delay in supply of certified copy to the complainant was due to renovation works of the office. During the renovation works, the records were shifted to other places. It is also pleaded that all the case records were digitally scanned with much constraints for providing quick service to the applicants. In fact, the pleas as taken by the Opposite Party being a government office are to be taken into consideration. The reason for delay in providing the certified copy to the complainant can not be treated as any mala-fide intention. We also take note of it that during such renovation works of the Opposite Party, certified copies to other applicants were not provided in time. In view of the above and considered to the facts of the case, we are of the opinion that the delay in providing certified copy to the complainant by the Opposite Party was not intentional and the complainant, being a Central Govt. retired employee must have to coup up with the government machinery for such obvious reason of delay. Moreover, there is nothing before us the monetary loss or damage caused to the complainant out of such delay in
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getting the certified copy. Therefore, we are not inclined to accept the claim, whatsoever, of the complainant.
5- Under such circumstances, we do not find any merit for consideration in the complaint of the complainant. The complaint of the complainant being devoid of any merit stands dismissed without any order as to cost.
Dictated and corrected by me on this 21st day of April,2014
Copy of the order be furnished to the parties free of cost.
I AGREE MEMBER
(Dr. N.Tuna Sahu) (Mrs.Minati Pradhan)
