MR LAXMI NARAYAN PADHI, PRESIDENT… The factual matrix of complaint is that, the son of complainant was expired on dt.15.01.2004 and the same was intimated to the OP.1 and subsequently the death certificate was also procured by the complainant. However the death certificate so issued is lost somewhere, and for the legal necessity, the complainant approached the OP.1 to issue a duplicate copy of the death certificate which is denied by OP.1. He has paid Rs.7/- through challan as per direction of the OP.1. Hence alleging the denial, after payment of fees by OP.1 to issue death certificate, to be deficiency in service, he has filed this complaint praying for a compensation of Rs.20,000/- & Rs.10,000/- as cost of litigation.
2. The complainant has filed copies of challan, letters of OP.1 demanding requisites and other documents. Considered.
3. The complaint was admitted on satisfaction of presence of prima facie evidence of negligence on the part of OP.s, hence notice U/s 13 (a) (i) was issued, summoning their reply to the complaint.
4. The OP.1 entered appearance on dt.17.10.16 t file their counter, contending that, the challan No.88 was received by him on dt.08.04.15 vide Regd post as fees for searching of death register from dt.01.01.2002 to 31.12.2006 and on dt.09.04.15 and again on dt. 05.06.15 vide their lr no.209 and 387 respectively intimated the complainant to submit certain documents along with a fee of Rs.7/- through treasury challan to get the duplicate of the certificates. But the complainant did not submit the requisites. In the meanwhile, as per direction of the C.B.I., Bhubaneswar, the OP had to sent the register of birth & death in respect of entries from dt.05.10.2002 to 15.09.2004, in between which the entry of death of Siba Prasad dies vide their lr no.453 dt. 24.07.15 and the fact was also intimated to the complainant vide lr.no.563 dt.23.09.15. Hence, non issuance of the duplicate death certificate of the son of complainant is bonafide on the part of OP.s, hence prayed to dismiss the complaint.
5. Perused the submission of both the parties along with submitted documents.
6. Undoubtedly, on the demand of the complainant, the OP.s has acted to demand requisites of fees of Rs.7/- and other documents on dt.09.04.15. The complainant has made a challan of Rs.7/- and the challan along with other requisites, as per demand in the letter no.209 & 483 of dt.9.4.15 & 05.0.15 of OP.1 sent to OP.s on dt.07.08.15 through RP. But unfortunately, on the demand of the Director, CBI Special Branch, Bhubaneswar, the OP has already sent the register vide lr.no.563 dt.24.07.15 and obviously, supply of duplicate death certificate to the period, is beyond control of OP.s.
7. Hence, considering the complaint is premature, we dispose the case as thus, with direction to the OP.s that on return of the register by CBI, to intimate the complainant, immediately to come up with reasonable documents and requisite fees, through person or any authorized person on her behalf to receive the duplicate death certificate of her son, as claimed.
The complaint is disposed off, with prejudice. Pronounced on 16th day of Dec' 2016.
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MEMBER PRESIDENT, DCDRF,
NABARANGPUR.
Date of Preparation:
Date of dispatch :
Date of received by
the A/A for Ops / Complainant :
Initial of the dispatcher.
Memo No_______________ Dtd…………………………
Copy to the parties concerned.