Tamil Nadu

Nagapattinam

CC/23/2014

Puvaneshvari - Complainant(s)

Versus

The District Collecter Officer, District Collecter Office, Nagapattinam and Three others. - Opp.Party(s)

Shanmugasundaram

16 Dec 2014

ORDER

   Date of Filing     : 16.06.2014

                                                                                         Date of Disposal: 16.12.2014

           

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

NAGAPATTINAM

 

PRESENT: THIRU.P.G.RAJAGOPAL, B.A.B.L.,         …..PRESIDENT

    THIRU.A.BASHEER AHAMED,B.Com., ….  MEMBER I

                   Tmt. R.GEETHA, B.A.,                             …. MEMBER II

 

CC. No.23/2014

 

DECIDED ON THIS 16^th DAY OF DECEMBER  2014.

 

Bhuvaneshwari

W/o Salivaganan(Late)

Kaaliyamman Koil Street,

Andhanapettai Post,

Nagapattinam Taluk & District.                                          … Complainant

                                                                                      

                                                                /versus/

                 

1. The District Collector,

           Collectorate, Nagapattinam.

2. Revenue Divisional Officer,

          Revenue Divisional Office,

          Nagapattinam.

3. Tahsildar,

          Taluk Office, Nagapattinam,

      4.  Zonal Deputy Tahsildar,

           Taluk Office, Nagapattinam.                                  … Opposite parties

 

 

            This complaint having come up for final hearing before us on 04.12.2014 on perusal of the material records and on hearing the arguments of Thiru.A.Shanmugasundram, Counsel for the complainant, Government Pleader, Counsel for the opposite parties and having stood for consideration, till this day the Forum passed the following

 

ORDER.

     By the President, Thiru.P.G.Rajagopal, B.A.B.L., 

This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986. 

2. The gist of the complaint filed by the complainant is that the complainant is a widow as her husband Salivaganan died on 08.08.2010, her application presented to the 2^nd opposite party for getting a certificate as destitute widow had been forwarded to the 3^rd opposite party for submission of a report after enquiry, the 4^th opposite party held an enquiry in that regard and sent the report to the 3^rd opposite party who had not given any proper answer to the complainant despite her approaching him many times for the period of about 6 months, that again she gave an application for the certificate on 05.03.2014 and again enquiry was held, the report sent to the 2^nd opposite party and even then the opposite parties have not taken care to issue the certificate to the complainant in spite of the lapse of one and half year since her presenting the application and even after her requisition to the opposite parties under registered post, no steps had been taken by the opposite parties, who have thereby committed deficiency of service. The complainant prays for an order to direct the opposite parties 2 to 4 to issue the certificate of destitute widow to the complainant and to pay compensation for the mental agony and hardship caused to her owing to their deficiency of service.

                        3. The gist of the written version  filed by the 3^rd opposite party and adopted by the remaining opposite parties is that the death of the complainant’s husband Salivaganan and her having two female daughters is admitted, but she is not a destitute widow as alleged in the complaint.  The complainant had been living with her mother, her elder sister along with her 2 grown up daughters as joint family.  The complainant is working in a grocery shop at the bazaar street, Nagapattinam for a monthly salary of Rs.4,200/-, apart from daily batta of Rs.30/-. Her elder daughter is a B.E. Graduate, working in a private company on monthly salary and her second daughter selvi.Pushpalatha having studied B.Sc.,B.Ed., is working as a teacher in Ghouthia Hr.Sec.School at Nagoor for the monthly salary of Rs.5,000/-.  Thus the elder sister, sister’s husband, the daughters and mother of the complainant are living in the same house having a common mess. As the 3^rd opposite party had been engaged with various duties such as solving the law and order problem, attending the higher officials visiting Velankanni, Nagoor and sikkal, executing the various welfare schemes of the Government, attending the Grievance day meeting on every Monday at the collectorate, holding patta transfer camps on every Tuesday in the villages, holding special camps at the villages under the Amma project schemes, making arrangements for Governments functions to distribute various free things to the public, he could not hold the enquiry afresh and send a report immediately.  On 24.03.2014, the Revenue Inspector and the Village Administrative Officer of the village held enquiry and recorded statements of Thiru.Manavalan, Thiru.Gurunathan, and Thiru.Rathna Kumar the important personalities of the village and on such enquiry it was brought to notice that the complainant was living in her mother’s house along with her mother, elder sister, her sister’s husband and 2 daughters who are earning and herself working in  a shop for the monthly salary Rs.4,200/-. Thus she is not a destitute widow having no income or dependents to get maintenance. The complaint itself is not maintainable, as the complainant is not a consumer under the Consumer Protection Act and this complaint is filed malafide with intent to cause pressure and harassment to the opposite parties. The 1^st and 4^th opposite parties are unnecessary parties to this complaint. There is no deficiency of service on the part of the opposite parties.  The complainant is not an eligible widow to get the certificate of a destitute widow and hence the complaint is liable to be dismissed.

                       4. The complainant has filed her proof affidavit and 6 documents which are marked as Exhibits A1 to A6. On the side of the opposite parties, the 2^nd opposite party has filed her proof affidavit and 7 documents which are marked as Exhibits B1  to B7. Written arguments have been filed by both the sides.

5. Points for consideration:-

1. Whether there is deficiency of service on the part of the 1^st and 2^nd  opposite  parties?

                        2. Whether the complainant is entitled to any relief? If so to what?

                        6. Point 1: The main allegation of the complainant is that she is a widow, her husband having died on 08.08.2010, that despite her giving an application in the year 2013 and another application on 05.03.2014 for a certificate that she is a destitute widow,  the opposite parties have not taken steps to issue the certificate to her, despite her repeated requests made to them in person as well as by way of a registered letter dated.22.04.2014 and thus they have committed deficiency of service and therefore prays for an order to direct the opposite parties to issue the certificate of a destitute widow to her and to pay the compensation for the mental agony and hardship caused to her.  She has filed Exhibit A1, the death certificate of her husband, evidencing the date of death to be 08.08.2010, Exhibit A2, the 2^nd application given by  her to the 2^nd opposite party requesting for a certificate of a destitute widow, Exhibit A3, the certificate issued by the Tahsildar, stating her to be a widow, Exhibit A4, the office copy of the letter sent by the complainant to the opposite parties under the registered post with acknowledgment cards therefor, Exhibit A5, the Identity Card issued by the Election Commission of India to the complainant and Exhibit A6, the Xerox copy of the family card issued to her family for the period of 2005-2009, are the documentary evidence filed on the side of the complainant in substantiation of her claim to be a destitute widow.  On the side of the opposite parties it is contended that the complainant was not a destitute widow, as she was only a widow having means of her survival and livelihood, that she was herself working in a grocery shop getting the monthly salary of Rs.4,200/- and her younger daughter Pushpalatha is working as a Teacher in the Ghouthia Hr.Sec.School, Nagoor for the monthly salary Rs.5,000/- and further she is living with her mother, elder sister, elder sister’s husband as a joint family and therefore  she is not entitled to get such certificate.

7. On the side of the opposite parties the statement given by the complainant before the Revenue Inspector, who held the enquiry on her earlier application for the certificate is filed as Exhibit B1, the statement of the members of the public and the statement of the Village Administrative Officer made before the Revenue Inspector are filed as Exhibits B2 and B3 respectively, the reports submitted by the Revenue Inspector after completion of the enquiry on two occasions are  filed as Exhibits B4 and B5, The copy of the order passed by the 2^nd opposite party is filed as Exhibit B6 and the certificate given by the Head Master of the Ghouthia Hr.Sec.School, Nagoor, is filed af Exhibit B7. The said statements of the Village Administrative Officer and some of the villagers, make it clear that the complainant is living with her mother, her elder sister, her sister’s husband and her 2 two daughters under the same roof, having a common mess as joint family. Further it is also brought to light that she had been working in a grocery shop at Nagapattinam, getting a daily wages of Rs.140/- and Exhibits B7, the certificate certifies that her daughter Pushpalatha is working as a trained teacher in the Ghouthia Hr.Sec.School, Nagoor, earning monthly salary of Rs.4,000/-.  It is also revealed that her 1^st daughter Vishalatchi, is a B.E. Graduate looking for a good employment.

                        8. The term destitute’ is nowhere defined either in the Hindu succession Act the code of Civil Procedure or the code of Criminal Procedure and therefore we have to resort to the meaning in the English Dictionary. In the Concise Oxford University Dictionary 8^th edition for the word destitute the meaning is given as follows “Without food, shelter, etc., completely impoverished”. Therefore a widow neither having any source of income or means for her livelihood nor having any dependents  to maintain her, alone is eligible to get a certificate of a destitute widow.  The complainant is not at all coming under the category of destitute widow, in view of her living jointly with her mother, sister and 2 daughters besides herself being a earning member.  In view of the defence taken by the opposite parties that the complainant was personally informed of her ineligibility to get a certificate of a destitute widow and that the 3^rd opposite party having been engaged with so many Governmental duties and functions caused delay in the issue of the certificate, the opposite parties could not be said to be deficient in their service. While the complainant herself is ineligible to get the certificate, the question of deficiency of service on the part of the opposite parties would not at all arise.

                        9. Point 2: In the result, the complaint is dismissed. No order as to costs. This order is dictated by me to the Steno-Typist, transcribed, typed by him, corrected and pronounced by me on this  16^th   day of  December 2014.

 

 

MEMBER I                                    MEMBER II                                        PRESIDENT

 

 List of documents filed by the complainant

 

Ex.A1/Dt.03.09.2009 : The Xerox copy of the Death Certificate of the complainant

    husband issued by the Tahsidar, Nagapattinam, to the complainant.

Ex.A2/Dt.05.03.2014: The Xerox copy of the 2^nd application given by the complainant to

   the 2^nd opposite party requesting for a certificate as a destitute

   widow.

Ex.A3/Dt.01.11.2010: The Xerox copy of the widow certificate issued by the Tahsildar,

   Nagapattinam to the complainant.

Ex.A4/Dt. 22.04.2014: The copy of the letter sent by the complainant to the opposite

   parties.

Ex.A5/Dt.       Nil         :The xerox copy of the Identity Card issued by the Election

     Commission of India to the complainant.

Ex.A6/Dt.       Nil       : The xerox copy of Family Card of the complainant issued by the Civil

   Supplies and Consumer Protection Department.

 

 

List of documents filed by the 2^nd opposite party

Ex.B1/Dt.       Nil       : The Xerox copy of the statement given by the complainant before

   the Revenue Inspector.

Ex.B2/Dt.       Nil       : The Xerox copy of the statement of the complainant’s villagers 

   made before the Revenue Inspector.

Ex.B3/Dt.       Nil       : The Xerox copy of the statement of the Village Administrative

   Officer, Andhanapettai made before the Revenue Inspector.

Ex.B4/Dt. 30.07.2013: The Xerox copy of the report submitted by the Revenue Inspector

   after completion of the inquiry.

Ex.B5/Dt. 24.06.2014: The Xerox copy of the report submitted by the Revenue Inspector

                                        after completion of the inquiry.

Ex.B6/Dt. 30.06.2014 : The Xerox copy of the  communication sent by the 2^nd opposite

     party to the complainant copy to the 3^rd opposite party.

Ex.B7/Dt.03.12.2014 : The certificate given by the Head Master of the Ghouthia Higher

    Secondaary School, Nagoor, to the 3^rd opposite party.

 

 

MEMBER I                                    MEMBER II                                        PRESIDENT

 

 

DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

NAGAPATTINAM.

 

CC.No.23/ 2014

Order Dt.:16.12.2014.