DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: BHADRAK
Dated the 24th day of September, 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
C.D Case No. 100 of 2016
Smt. Parbati Sial
W/o Late Bhaskar Chandra Sial
Vill: Baralapokhari (Belamala)
Po: Charampa
Ps: Bhadrak (R)
Dist: Bhadrak
……………………. Complainant
(Versus)
1. The Executive Officer,
Bhadrak Municipality, Bhadrak
At/Po/Ps: Bhadrak (T)
Dist: Bhadrak
2. The Concerned Authority,
Housing and Urban Development Dept.
Govt. of Odisha, Bhubaneswar
…………………………..Opp. Parties
Advocate For the Complainant: Sri S. Tripathy
Advocate For the O.Ps: Ex-parte
Date of hearing: 05.12.2017
Date of order: 24.09.2018
SRI RAGHUNATH KAR, PRESIDENT
That, the complainant has alleged against the O.Ps having aggrieved with their deficiency of service caused towards him. That, one Bhaskar Chandra Sial, the husband of the complainant purchased a piece of land of an area (A0. 04 ½ dec.) in Mouza-Baralpokhari under Bhadrak Municipality. The said land has been recorded in the name of Bhaskar Chandra Sila. He constructed a house there in word No. 4 bearing Holding No. 377 consisting of 2 bed rooms, one dining room with one latrine and Bathroom. The said Bhaskar Chnadar Silal, husband of the complainant had been paying to Bhadrak Municipality regularly during his life time. He died in the year- 2010 leaving behind his wife namely Parbati Sial who is the complainant in this case. The complainant has been staying alone in the said house since 2010. There is no water supply, drainage facilities, and street light to the house of the complainant. She contacted with the OP No. 1 with regard to water supply, drainage facility, street light and payment of tax. The OP No. 1 promised and assured the complainant to arrange water supply, drainage facility, street light and other facilities to her house shortly. The OP No. 1 advised to this complainant to pay tax regularly to the OP No. 1. According to the advice of OP no. 1, the tax has been paid regularly to the OP no. 1 amounting to Rs 286/- since 2010. Lastly on 18.11.2013 the complainant paid Rs 286/- to the OP No. 1 and obtained money receipt.
On dt. 02.03.2013 the OP No. 1 issued a notice in the name of the deceased husband of the complainant directing to pay Rs 22,897.70p/- to the OP No. 1. The complainant met the OP No. 1 with the said notice, the OP No. 1 told to this complainant that the amount of Rs 22,897.70p/- written in the notice due to wrong assessment. Further the OP No. 1promised to the complainant to correct the amount of Holding tax of Rs 286/- instead of Rs 22,897.70p/-. The OP No. 1 assured to the complainant to send an Amin to enquiry into the house of the complainant within a month. He has not provided water supply, drainage facility, and street light facility to the complainant till now. He only provided a new Holding number i.e., 233 to this complainant instead of 377. As such the O.Ps be compensated for their negligence in providing service to the complainant, for which the complainant is remaining both mental as well as financial agony. The OP No. 1 finally refused to provide proper service, water supply, drainage facility, street light facility, new assessment of Holding Tax to the complainant on dt. 16.09.2016.
The cause of action of this case arose on 16.09.2016 when the O.Ps refused to settle the claim of the complainant. The complainant has sought for the relief as follows.
A. The O.Ps is to be directed to receive Rs 286/- instead of Rs 22,897.70p/- from the complainant as holding tax.
B. The OP No. 1 is to be directed to provide water supply, drainage facilities, street light facility etc, to the complainant within the stipulated period.
C. The OP No. 1 is to be directed to pay Rs 28,000/- to the complainant towards mental agony, harassment and legal expense.
D. The O.Ps be directed to give any other reliefs to the complainant as the Hon’ble Court may deems fit and proper.
Documents filed on behalf of the complainant (Xerox copy):-
1. Receipt No. 85529 on dt. 18.11.2013.
2. Receipt No. 73482 on dt. 19.03.2012.
3. Receipt No. 66840 on dt. 08.03.2011.
4. Notice No. 4870 on dt. 02.03.2013.
5. Application of the complainant on dt. 11.03.2013.
6. Application of the complainant on dt. 24.02.2015.
OBSERVATION
We have already perused the complaint as well as the documents and the written version filed by the complainant. As per our observation the complainant has good case against the O.Ps and he is entitled to the reliefs what she has sought for in her complaint. She has filed some documents to support her stands. Her husband and after his demise used to pay the tax to the Municipality regularly as per her documents such as receipt No. 66840 dt. 08.03.2011, vide money receipt No. 73482 dt. 19.03.2012,s money receipt No. 85529 dt. 18.11.2013. The amount of the said tax for the complainant used to pay amount to Rs 286/- per annum. But suddenly the OP No. 1 served the notice upon the complainant that the amount of the holding tax had been enhanced to Rs 22,897.70p/- per annum. As the husband of the complainant is dead all the notices have been sent in the name of her deceased husband. After the demise of Bhaskar Chnadra Sial the husband of the complainant died the year 2010 leaving behind his wife as his right, title, interest & possession holder of the said land vide holding No. 377. The complainant was also deprived of the following services such as water supply, drainage facility, street light etc she has also submitted two numbers of representations before the OP No. 1 on dt. 11.03.2013 as well as 24.02.2015, but the OP No. 1 was so much arrogant that the behaved like a dictator. He neither was heed full towards the grievance of the complainant. As a result of which the complainant continued to pay the tax without obtaining any facilities or service like water supply, drainage & street light etc. In spite of submitting two numbers of representations the OP No. 1 became so much adamant that he did not provide any reliefs to the complainant, as a result of which the complainant became highly inconvinced. On the other hand both the O.Ps have neither appeared nor submitted any written version, nor submitted their documents in the Forum. So both the O.Ps have been set ex-parte in this case. Nothing has been elicited from the tongues of the O.Ps regarding the allegation of the complainant made against them. It has been clearly observed that the OP No. 1 has caused serious deficiency of service against the complainant. Neither any written evidence nor any oral evidence submitted before the Forum. The silence of the O.Ps has proved that the complainant allegations has got veracity & authenticity. Hence it is ordered;
ORDER
The complaint be and the same is allowed in favour of the complainant against the O.Ps on ex-parte. Hence the OP No. 1 is directed to receive the Holding Tax Rs 286/- P.A instead of Rs 22,897.70p/-. He is also directed to provide water supply, drainage facilities, street light facilities etc, to the complainant within the stipulated period. The OP No. 1 is also directed to pay Rs 3,000/- towards mental agony & Rs 2,000/- towards cost of the litigation. The OP No. 1 is also directed to comply the order within 30 days from the date of receipt of the same.
This order is pronounced in the open Forum on this day of 24th September, 2018 under my hand and seal of the Forum.
