Date of Complaint : 15/09/2015

                                  Date of Disposal :26/07/2016

IN THE KODAGU DISTRICT CONSUMER DISPUTES REDRESSAL FORUM MADIKERI

 JUDGEMENT BY SRI.V.A. PATIL, PRESIDENT

O R D E R

       This is the complaint filed by the complainant U/Sec.12 of the Consumer Protection Act, against the OPs for directing them to issue genealogical tree certificate and the compensation of Rs.20,000/- and other reliefs etc.

1. After admission of the complaint as usual notices issued to the Ops by RPAD.But after serviced of notice.OP-1 deputed one of his office staff and OP-2 remained absent, and OP-3 in person present as OP-2 remained absent, placed exparte.Inspite of sufficient time granted to the OP-1 and 3 to file their version and finally on 26/02/2016 it is ordered as version of OP-1 and 3 is taken as not filed and then posted the case for filing of the affidavit of the complainant.There upon on 6/4/2016 the complainant has filed his affidavit in lieu of evidence and posted to file the affidavit of the OP-1 and 3.But on 25/4/2016, 3/05/2016, 16/05/2016 they remained absent and not filed their affidavit.Hence there after the case was posted for written argument.On 21/06/2016 the complainant filed his written argument.Hence ultimately the case was posted for oral arguments or for judgment.

    

2. In view of the facts and circumstances of the case and the arguments submitted by the learned counsel for the complainant the points that would arise for our consideration are as below.

    

3. Whether the complainant is entitled for the relief sought for in the complaint?

4. What order?

    

5. Our findings on the aforesaid points are as follows;

    

        Point No.1 :- Affirmative

        Point No.2:- As per the final order for the following,

    

    

   R E A S O N S

    

6. Point No.1 :- In order to prove his case as already stated supra, the complainant has filed his affidavit and documents.  In his affidavit, the complainant has duly sworn on oath in respect of all the averments of his case made out in the complaint, and produced letter dated 10/04/2015 and the copy of the legal notice dated 24/08/2015 and postal acknowledgements.  The contents of the said document also corroborate the evidence of the complainant.  Thus the oral and the documentary evidences placed on record fully corroborate the case of the complainant.  The said evidence of the complainant is neither challenged nor rebutted by the Ops in any manner, as they remained absent, inspite of service of notice.  Thus the evidence of the complainant remained unchallenged.  Hence under these circumstances we have no other alternative except to believe the said evidence of the complainant and his case made out in the complaint.

    

7. In view of the aforesaid reasons we have no other alternative except to hold that the complainant has established his case made out in the complaint by placing the sufficient materials on record.The Ops are the Government employees, and failed to discharge their duties, which clearly shows the negligence and deficiency of service.The Ops 2 and 3 are the subordinate officers of OP-1.Hence OP-1 is vicariously liable.Therefore, the complainant is entitled to get the genealogical tree certificate.Accordingly we answer the point No.1 in affirmative.

    

8. Point No.2:- In view of the reasons and the findings recorded on point No.1 we hold that the complaint deserves to be allowed, as stated supra in the ends of justice.  Hence in the final result we proceed to pass the following;

    

   O R D E R

9. The Complaint is allowed and the OP-1 is directed to issue Genealogical Tree certificate to the complainant within thirty days from the date of this order.

10. The Ops are also jointly directed to pay a sum of Rs.10,000/- to the complainant towards compensation and Rs.5,000/- towards the cost of this complaint, within one month from the date of this order failing which liable to pay the interest at the rate of 10% p.a. from the date of filing of this complaint till the date of full realization.

11. If this order is violated the complainant is at liberty to proceed against the opponent as per law provides.

12. Issue certified copies of this order at free of cost to the parties.

(Dictated to the Stenographer and got it transcribed and corrected and pronounced in the open Forum on this  26^th day of JULY 2016)

                         (V.A. PATIL)           (K.D. PARVATHY)       

                         PRESIDENT                 MEMBER                  

ANNEXURE

                          (V.A. PATIL)            (K.D. PARVATHY)      

                           PRESIDENT                 MEMBER