By Sri. A.S. Subhagan,  Member:

          This is a complaint filed under section 35 of the Consumer Protection Act 2019.

          2. Facts of the case in brief:-  Complainant is a  carpenter doing  furniture business for the livelihood of  his family.  The Complainant applied for building permit and for a permission for removing sand from his property, before the  Panchayat Secretary, Thirunelly  Panchayat with application and allied documents.   As per the letter dated  26.11.2019, the  Panchayat Secretary  pointed out some defects in the application  which were cured by the Complainant and re-submitted the application.  Scrutinizing  the application by the  Panchayat Secretary and Assistant Engineer,  site  approval  and building permit were issued  as per No.B.16355 dated  23.12.2019.  But, instead of recording the exact survey number of the property being  334/3,  they wrongly recorded it as 334/2.  Hence, the geology department refused permission  to remove sand from his property.  On repeated visit of the    panchayat authorities,  though they gave it corrected,  they did not affix  office seal and signature wherever needed and hence  again the Geology Department refused  to accept the document and sent the Complainant back which has resulted in loss of Rs.160/-   which  he had paid as permit fees and caused mental  agony to the Complainant as he had visited a number of times  due to the irresponsible and negligent acts of the Opposite Parties.  Moreover,  this has caused financial loss and loss of time for which the  then  Panchayat Secretary and  Assistant Engineer, which is deficiency in service from their part.  The Complainant had  approached the Opposite Parties for permission to remove 265.40 M³  sand, but on 28.02.2020,  the  Opposite Parties had  issued permission for removing  only 88 M³ of sand. On noticing this draw back, the Opposite Parties  permitted to remove 242 M³ of sand, but in that permit also the Opposite Parties had not affixed the office seal of the  Panchayat and hence,  that was also refused by the Geology Department.  Then  only after  approaching the Opposite Parties thrice,  the corrected permit was issued to the Complainant on 03.03.2021.  But the Opposite Parties had charged at the rate of Rs.160/-  as permit fees twice for all these permits.  This  is also deficiency in service due to the irresponsible and negligent acts from the Opposite Parties  for which the Complainant has the right to be compensated by the Opposite Parties.  Hence  this complaint with prayers to:-

1.  Grant  compensation of Rs.1,00,000/-  towards  deficiency in service in respect of fiscal loss and mental  agony.
2. Grant cost of this complaint.

3. Though summons were served  on the Opposite Parties,  they did not  appear, 

filed version and contest the case.  Therefore,  the Opposite  Parties were set exparte.

          4. The evidence in this case consists of the proof affidavit filed by the Complainant,  the documents marked as Exts.A1 to A7,  the oral  deposition of the Complainant and the arguments of the counsel for the Complainant.

          5. Considering the complaint,  affidavit,  documents marked and the facts and circumstances of the case,  Commission raised the  following points for consideration.

1.  Whether the complaint is maintainable?
2. Whether there has been any deficiency in service from the side of the Opposite Parties?
3. Relief and cost.

6. Point No.1:-  IA 340/2023 was filed by the Complainant for condoning the

delay of 385 days caused for filing the complaint.  It has been stated by the Complainant that the permission for removal of sand and the building permit issued by the Panchayat were lost during the construction work which has caused delay in sending  notice to the Opposite Parties.  On analysis of the evidences adduced by the  Complainant and the arguments raised by the  counsel for the Complainant  Commission convinced that there has been reasonable ground for the delay of 385 days in filing the complaint.  Hence,  the delay in filing the complaint is  condoned and the complaint is declared to be  maintainable and the IA is allowed.

7.  Point No. 2:- It is the case of the Complainant that due to the irresponsible

and negligent acts of the Opposite Parties in issuing  building permit and permission for removal of sand,  he has caused monetary loss, mental  agony, loss of time and inconvenience which is deficiency in service from the part of the  Secretary and Assistant Engineer of the  Thirunelly Grama Panchayat.  It is  evident from Ext.A1 that the Opposite Parties had wrongly entered the survey number of the property of the Complainant as 334/2 instead of 334/3 in the Site   Approval  and Building Permit  issued from the Panchayat on 23.12.2019.  Ext.A2 proves that  primarily,  the Opposite Parties had wrongly issued   Development Permit for removal of 88 M³ sand from the property of the Complainant,  which was corrected afterwards as 242 M³.  Ext.A1 and A2 reveals that the Opposite Parties had handled  the matter negligently which has caused inconvenience, mental agony and hardships to the Complainant.  The Opposite Parties had  the opportunity and liberty to appear before the Commission and contest the case,  but they did not do so.  Hence,  we have no other way than to accept the complaint and contentions of the Complainant. As  public  servants,  the Opposite Parties are  duty bound to serve the Complainant in a lenient  attitude with responsibility.  The Opposite Parties have failed to discharge their duty with utmost good faith and responsibility after collecting fees from the Complainant which is deficiency in service.  Here, there has been deficiency in service from the Opposite Parties  for which they are responsible to compensate the Complainant.   Hence point No.2 is proved and answered against the Opposite Parties.

          8.  Point No.3:- As point No.2 is proved and answered against the Opposite Parties,  the Complainant has the right to get compensation and cost from the Opposite Parties.  But the Compensation claimed by the Complainant is seen highly exorbitant.  In our opinion an amount of Rs.25,000/-  as compensation is seen reasonable.

          9. In the result,  the complaint is partly allowed and the present Thirunelly Grama Panchayat Secretary is directed to pay from the  Panchayat Fund

1. Rs.25,000/-  (Rupees Twenty Five thousand) towards compensation and

2.   Rs.5,000/-  (Rupees Five thousand only) as cost of this complaint.

10. The Thirunelly Grama Panchayat shall have the right to recover the above

amounts from the irresponsible  previous Secretary and Assistant Engineer as per  due process of law.

          The above amounts shall be paid to the Complainant within  one month from  the date of receipt of this order,  failing which the amount will carry interest  at the rate of 9% per annum from the date of this order.

Dictated to the Confidential Assistant, transcribed by him and corrected by me

and pronounced in the open Commission on this the 20^th  day of October 2023.

          Date of filing:25.03.2023.

                                                                                                                                  PRESIDENT    : Sd/-

                                                                                                                                 MEMBER        :  Sd/-

                                                                                                                                  MEMBER        :  Sd/-

APPENDIX.

Witness for the Complainant:

PW1.          Kumar.                           Complainant.       

Witness for the Opposite Party:

Nil.

Exhibits for the Complainant:

A1.       Site Approval and Building Permit.                    dt:23.12.2019.

A2.      Copy of Development Permit.                                      dt:03.03.2020.

A3.       Letter.                                                                dt:26.11.2019.

A4.       Application.                                                       dt:07.03.2020.     

A5.       Letter.                                                                dt:16.03.2020.

A6.       Copy of Letter.                                                   dt:06.12.2022.

A7.       Letter.                                                                dt:20.01.2023.

Exhibits for the Opposite Party:

Nil.

                                                                                                                                   PRESIDENT  :  Sd/-     

                                    MEMBER     :  Sd/-

                                     MEMBER     :  Sd/-