Sri Baisnaba Charan Sahoo, Member - This is a complaint petition under Section-12 of CP Act by Sri Prasanta Mallick of Kametipanga under Nayagarh District. He has prayed to direct the op to pay compensation of Rs 80,000/- for mental agony, educational harassment, monetary loss and Rs 10,000/- towards litigation cost.
The case of the complainant is that his daughter Sanjukta Mallick applied for residential certificate before the OP, Tahasildar on 14-05-2014 in the prescribed form. The op called for a report of Revenue Inspector, Kulurkumpa vide memo No 4602 dt 14-05-2014 & the R.I., Kulurkumpa submitted his report vide letter no 296 dt 16-05-2014. But the residence certificate was prepared on 05-07-2014 vide Misc Case No. e-RES/1290 of 2014 and ready for delivery on 19-07-2014. According to provisions under Odisha Right to Public Service Act, 2012 the said certificate was to be issued within 15 days but the OP took two months and 5 days. For non issuance of residence certificate in time the complainant's daughter suffered mentally and educationally harassed. Hence this complaint is filed with the prayer mentioned above.
The OP filed his written version along with documents as per list. In the written version the op denies the allegation against him. The OP admits the facts that complainant's daughter filed application for Residence certificate on 14-05-2014 which was forwarded to R.I., Kulurkumpa for report and the R.I. Submitted his report on 16-05-2014 through the complainant's daughter. The daughter of complainants deposited the said report on 20-05-2014. She was intimated by the dealing assistant Smt Reena Guru to deposit the user charges and copy of ROR (residential proof) for preparation of Residential certificate. But complainant did not deposit the user charges and ROR immediately after receipt of R.I. Report. Due to non-receipt of user charges and ROR, misc certificate could not be generated through the computer. The complainant's daughter deposited user charges and ROR on 04-07-2014 vide receipt No 1094176 dt 04-07-2014 along with ROR of Khata No. 17/9 of Mauza Kametipanga. After receipt of user charges and ROR the residence certificate of complainant was prepared on 05-07-2014. Therefore op has no deficiency in service. The op has prayed to dismiss the complaint.
The complainant has filed evidence on affidavit and relied on it. The OP also filed evidence on affidavit along with list of documents and relied on the evidence and documents filed.
The point of consideration in this complaint is whether there is any deficiency in service by OP for which the complainant is intitled to any compensation.
Findings
The complainant in his evidence on affidavit says a sum of Rs 55/- was deposited by her daughter on 16-05-2014 for issuance of residence certificate. But she has not furnished any copy of money receipt towards payment of Rs 55/- by the office to establish his statement for payment of Govt fees. On the other hand the OP in the evidence has stated that the Dealing Assistant of the office of OP asked the complainant's daughter to deposit users fees and ROR on 20-05-2014 for issue of Residence certificate. The users Fees and ROR as required was not deposited by the applicant in the office of OP. She deposited the Users Fees and ROR on 04-07-2014. The OP's office issued a money receipt No. ID-1094176 dt 04-07-2014 (a xerox copy filed along with evidence) to the applicant towards payment of fees. After receipt of Users fees the Residence certificate was prepared on 05-07-2014 as seen from the xerox copy of residence certificate by filed by op.
According to Odisha Right to public Services Act 2012 all applicants for any certified copy have to deposit users fees in concerned Govt offices. After receipt of said Fees the authority shall issue necessary certificate within 15 days from the date of receipt of Users Fees. In the complainant's case the users fess were deposited on 04-07-2014 and certificate was prepared on 05-07-2014 i.e one day after deposit of fees. Hence there is no deficiency in service on the part of OP and other staff of his office. Further according to Rule-10 of Odisha Right to Public Services Rules, 2012 no Complaint/ Case shall be filed against the orders of authority before any court of law. In view of above facts the complaint is liable to be dismissed. Hence we order;
ORDER
The complaint is dismissed on contest without any cost.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 07th November 2014.
