Karnataka

Chitradurga

CC/60/2016

Sri K.Y.Daranesh S/o G.Yallappa - Complainant(s)

Versus

The Food,Civil Supplies and Consumer Affairs - Opp.Party(s)

Shri.Thippeswamy.N

21 Dec 2016

ORDER

COMPLAINT FILED ON:18.06.2016

DISPOSED      ON:21.12.2016

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO: 60/2016

 

DATED:  21^st DECEMBER 2016

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                                   B.A., LL.B.,

                   SRI.N. THIPPESWAMY        MEMBER

                                         B.A., LL.B.,                   

……COMPLAINANTS	1. K.Y. Daranesh, S/o G. Yallappa, Age: 35 Years,   2. G. Yallappa, S/o D. Govindappa, Age: 59 Years, Both are Agriculturists, R/o Kadivanakatte Village, Hebballi Post, Hosadurga Taluk, Chitradurga.   (Rep by Sri. Thippeswamy.N, Advocate)
V/S
…..OPPOSITE PARTY	The Food, Civil Supplies and Consumer Affairs Department, Hosadurga, Reptd by The Tahasildar, Hosadurga.   (In Person)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainants u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to issue ration card to the complainants, Rs.30,000/- compensation with cost and such other reliefs.

2.      The brief facts of the case of the above complainants are that, complainants are the agriculturist by profession.  It is further submitted that, OP issued BPL Card in the year 2008-09 under ration Card No.HDGR00107511 to the complainant No.1 who is none other than the son of complainant No.2.  Both are residing jointly in the same house and their family members are purchasing the monthly ration in Shop No.9, V. Chandrappa FPS, Kondapura, Hosadurga Taluk by paying the price fixed by the OP since from issuance of the Ration Card.  It is further submitted that, without any information, OP stopped the issuance of ration to the complainants on 12.12.2015.  Complainants enquired about the same with the owner of the shop, the shop owner advised to meet the Food Sheristedar, Taluk Office, Hosadurga.  It is further submitted that, on 14.12.2015, complainant gave an application to the OP by enclosing the entire documents, for which the OP gave an endorsement to the complainants on 13.01.2016 stating that, the complainants are obtaining the ration card in the House No.24 belongs to one Sri. K.R. Ramachandrappa S/o Kariyappa and further stated that, one G.Y. Jagadish of Kadivanakatte village also having the ration card No.HDDGR00106187 under electric bill No.RR KVKL-2, therefore, the ration card given to the complainants has been stopped through on-line.  It is further submitted that, after issuance of endorsement by the OP on 13.01.2016, complainants have filed a petition before the Shereistedar, Food, Civil Supplies and Consumer Affairs on 28.01.2016 and submitted entire records to the OP.  The complainants are using the ration card No.HDGR00107511 in RR No.KVKL-2 since from issuance of the same, the same is not obtained to the House No.24.  Further it is submitted that, the House No.24 is belongs to one Lakshminarayanappa.  The cancellation of the ration card by the OP is illegal.  It is further submitted that, the complainants have not obtained the ration since from 12.12.2015.  It is further submitted by the complainants that, the cancellation of ration card is highly illegal and oppose to Principles of Natural Justice.  Due to the illegal act committed by the OP, the complainants have suffered loss and mental agony, which is a deficiency of service on the part of OP, therefore, prayed for allowing the complaint. 

3.      On service of notice, Sri. Kumaraiah, Food Sheristedar of OP appeared and filed affidavit, endorsement with regard to issue of ration card and intimation with regard to request for issue of ration card.   In the affidavit it is stated that, one Yallappa S/o D. Govindappa of Kadivanakatte village has given an application under RTI Act on 12.12.2015 asking as to why stopped the issue of ration to K.V. Dharanesh S/o Yallappa under Card NoHDGR00107511, for which the OP has given a reply stating that on 13.01.2016 one Sri. K.V. Dharanesh has taken a ration card by giving House No.24 and Electrical RR No.KVKL-2 of one K.R.Ramachandrappa S/o Kariyappa. Earlier to this one G.Y. Jagadeesh of Kadivanakatti is having BPL Card under Card HDGR00106187 that’s why the ration card of K.V. Dharanesh S/o Yallappa has been cancelled in on-line.  Further, the OP has stated in his affidavit that, there is a provision made by the Government of Karnataka, if the complainant was filed an application before 13.01.2016 seeking for issue of ration card then only, the OP is considered the requisition made by the complainant.  Now there is an order from the Government to link the Adhar Number to the ration card for the purpose of obtaining the ration.  So, at this stage, the OP has stated that, we cannot consider the application or requisition of the complainant. Such being the case, there is no deficiency of service on the part of OP and prayed for dismissal of the complaint.                

4.      Complainant No.2 has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-14 were got marked. On behalf of OP, one Sri. Kumaraiah, Food Sheristedar, Hosadurga has examined as DW-1 by filing the affidavit evidence and Ex.B-1 to Ex.B-3 documents have been got marked.   

5.      Arguments of both sides heard.

6.      Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainants prove that the OPs have committed deficiency of service in cancellation of the ration card issued to them and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

          7.      Our findings on the above points are as follows:-

          Point No.1:- Partly in Affirmative.

          Point No.2:- As per final order.

REASONS

8.      It is not in dispute that, complainants are the agriculturist by profession and they have obtained BPL Card in the year 2008-09 under ration Card No.HDGR00107511 from the OP in the name of complainant No.1 who is none other than the son of complainant No.2.  Both are residing jointly in the same house and their family members are purchasing the monthly ration in Shop No.9, V. Chandrappa FPS, Kondapura, Hosadurga Taluk by paying the price fixed by the OP since from issuance of the Ration Card.  All of a sudden on 12.12.2015 the OP has stopped the ration without any information, for which complainants enquired about the same with the owner of the shop, the shop owner advised to meet the Food Sheristedar, Taluk Office, Hosadurga.  Thereafter, on 14.12.2015 complainant gave an application to the OP by enclosing the entire documents, for which the OP gave an endorsement to the complainants on 13.01.2016 stating that, the complainants are obtaining the ration card in the House No.24 belongs to one Sri. K.R. Ramachandrappa S/o Kariyappa and further stated that, one G.Y. Jagadish of Kadivanakatte village also having the ration card under Card No.HDDGR00106187 in RR KVKL-2.  Therefore, the ration card given to the complainants has been stopped through on-line.  After issuance of endorsement by the OP on 13.01.2016.  The complainants have filed a petition before the Food Shereistedar, on 28.01.2016 along with entire records to the OP.  The complainants are using the ration card No.HDGR00107511 in RR No.KVKL-2 since from issuance of the same to the House No.24, the same belongs to one Lakshminarayanappa.  The cancellation of the ration card by the OP is illegal.  Tthe complainants have not taken the ration since from 12.12.2015 and the cancellation of ration card is highly illegal and oppose to Principles of Natural Justice.  Due to the illegal act committed by the OP, the complainants have suffered loss and mental agony, which is a deficiency of service on the part of OP for stopping of the ration to the Ration Card No. No.HDGR00107511 and RR No.KVKL-2. 

 9.     In support of his contention, the complainants have filed affidavit evidence of complainant No.2 and reiterated the contents of complaint and relied on the documents like Letter issued by OP dated 13.01.2016 marked as Ex.A-1, Partition Deed dated 18.03.1999 marked as Ex.A-2, RTI Application dated 16.05.2016 marked as Ex.A-3, Letter dated 28.01.2014 by the complainant to the OP marked as Ex.A-4, Reply to the RTI Application marked as Ex.A-5, list of ration card holders of Kadivanakatte village marked as Ex.A-6, RTI Application dated 14.12.2015 marked as Ex.A-7, Notice dated 20.05.2016 issued by  the Deputy Director of Food, Civil Supplies and Consumer Affairs, Chitradurga to the complainant No.2 marked as Ex.A-8,  Endorsement of Small Farmers marked as Ex.A-9, Voters list marked as Ex.A-10, Letter written by the complainants to Chief Minister, Government of Karnataka marked as Ex.A-11, RTI Application dated 31.10.2009 marked as Ex.A-12, Ration Card No.HDGR00107511 belongs to Complainant marked as Ex.A-13 and intimation with regard to issuance of Ration Card marked as Ex.A-14.

10.    On the other hand, it is argued by the OP that, they have issued Ration Card to one K.V. Dharanesh S/o Yallappa under Card NoHDGR00107511 for House No.24 and Electrical RR No.KVKL-2 belongs to one K.R.Ramachandrappa S/o Kariyappa.  Earlier to this one G.Y. Jagadeesh of Kadivanakatti is having BPL Card under Card HDGR00106187 that’s why the ration card of K.V. Dharanesh S/o Yallappa has been cancelled in on-line.  Further, the OP has stated that, there is a provision made by the Government of Karnataka, if the complainant was filed an application before 13.01.2016 seeking for issuance of ration card then only, the OP has considered the requisition made by the complainant.  Now there is an order from the Government to link the Adhar Number to the ration card for the purpose of obtaining the ration.  So, at this stage, the OP has stated that, we cannot consider the application or requisition of the complainant. Such being the case, there is no deficiency of service on the part of OP and prayed for dismissal of the complaint and therefore, there is no deficiency of service on its part.

11.    In support of their contention, the OP has filed affidavit evidence of its Food Sheristedar and reiterated the contents of version and relied on the documents like affidavit of Food Sheristedar marked as Ex.A-1, letter dated 28.07.2016 with regard to issuance of Ration Card marked as Ex.B-2 and intimation regarding issuance of Ration Card marked as Ex.B-3.

12.   On hearing the rival contentions of both parties and on perusal of the documents including the affidavit and documentary evidence, it clearly made out that, the complainant No.1 has obtained a Ration Card in his favour under Card NoHDGR00107511 under House No.24 and Electrical RR No.KVKL-2 belongs to one K.R.Ramachandrappa S/o Kariyappa.  Since from issuance of the same, the complainants have taken ration by paying the price fixed by the OP. It is the contention of the OP that, earlier to this one G.Y. Jagadeesh of Kadivanakatti village has taken a BPL Card under Card HDGR00106187 by giving the same House number and RR number that’s why the ration card of complainant No.1 has been cancelled in on-line.  There is a provision by the Government of Karnataka that, if the complainant was residing in the said house and he bring the acknowledgment from the Village Panchayath filed an application before 13.01.2016 seeking for issuance of ration card then only, the OP has considered the requisition made by the complainant which cannot be acceptable.  Now there is an order from the Government to link the Adhar Number to the ration card for the purpose of obtaining the ration.  The complainant was already applied for issuance of BPL Card but, the OP has cancelled the existed BPL Card of complainant, which is a deficiency of service on the part of OP.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.           

            13.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainants U/s 12 of C.P Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to issue the Ration Card in favour of complainants.

It is further ordered that, the OPs are directed to pay a sum of Rs.20,000/- towards compensation along with interest at the rate of 9% p.a from the date of complaint till realization. 

It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards costs of this proceeding.  

It is further ordered that, the OPs are hereby directed to comply the above order within 45 days from the date of this order.

(This order is made with the consent of Member after the correction of the draft on 21/12/2016 and it is pronounced in the open Court after our signatures)         

 

                                     

 MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainants:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

DW-1:  Sri. Kumaraiah, Food Sheristedar of OP by way of affidavit evidence. 

Documents marked on behalf of Complainants:

01	Ex-A-1:-	Letter issued by OP dated 13.01.2016
02	Ex-A-2:-	Partition Deed dated 18.03.1999
03	Ex-A-3:-	RTI Application dated 16.05.2016
04	Ex-A-4:-	Letter dated 28.01.2014 by the complainant to the OP
05	Ex-A-5:-	Reply to the RTI Application
06	Ex-A-6:-	Lf ration card holders of Kadivanakatte village
07	Ex-A-7:-	RTI Application dated 14.12.2015
08	Ex.A-8:-	Notice dated 20.05.2016 issued by  the Deputy Director of Food, Civil Supplies and Consumer Affairs, Chitradurga to the complainant No.2
09	Ex.A-9:-	Endorsement of Small Farmers
10	Ex.A-10:-	Voters list
11	Ex.A-11:-	Letter written by the complainants to Chief Minister, Government of Karnataka
12	Ex.A-12:-	RTI Application dated 31.10.2009
13	Ex.A-13:-	Ration Card No.HDGR00107511 belongs to Complainant
14	Ex.A-14:-	Intimation with regard to issuance of Ration Card

Documents marked on behalf of OP:

01	Ex-B-1:-	Affidavit of Food Sheristedar
02	Ex-B-2:-	Letter dated 28.07.2016 with regard to issuance of Ration Card
03	Ex-B-3:-	Intimation regarding issuance of Ration Card

 

 

MEMBER                                                            PRESIDENT

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