Orissa

Debagarh

CC/5/2018

Sri Pitabasa Sahu, aged about 60 years, S/O- Late Mangulu Sahu - Complainant(s)

Versus

The Tahasildar, Barkote - Opp.Party(s)

11 Sep 2018

ORDER

BEFORE THE COURT OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH.

CD Case No- 05 /2018.

Present-      Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member (W) and Smt. Arati Das, Member.

 

        Pitabasa Sahu,

       S/O-Late Mangalu Sahu,

        At/P.O-Kalla,

        Dist-Deogarh.                                                                                      ...     Complainant

                                                 Versus

          1.  The Tahasildar Barkote,

               At/PO/-Barkote,

              Dist-Deogarh.

         2.  Secretary to Govt. of Odisha,

              Revenue and Disaster Management Department,

              Bhubaneswar.                                                                                …   Opp.Parties.

 

For the Complainant.Nemo.

For theO.P No.1.Govt. Pleader.

For the O.P. No-2.None.

Date of Hearing-23.08.2018,Date of Order 11.09.2018

Sri Dipak Kumar Mahapatra, President:-      Brief facts of the case is that the Complainant has applied for supply of certified copy of one L.E. Case No-        2310/2002-2003 with the O.P-1 but the O.P-1 has not supplied the same even after nine months and harassed him various ways for which he has suffered a lot.   But the O.P-1 has denied to have received any such application from the Complainant as no signature of the receiving    officer is appears on the main copy application along with the counterfoil. So it presumes that no application has been filed by the Complainant as it is the duty of the receiving officer to counter sign on the application as well as on the counterfoil.

POINTS OF DETERMINATION-:

1. Whether the Complainant comes under the purview of Consumer?
2. Whether the O.P has committed any Deficiency in Service to him?

We have gone through the averments of the complaint petition, which is filed with an affidavit copy of the documents relied by the complainant and arrive to a conclusion that the complainant is not a consumer under Consumer Protection Act-1986 because though the complainant has intended to file an application for copies, in the present case it is presumed that it has not been presented to concerned authority as it lacks signature of receiving officer on such application as well as on the counterfoil. So here the Complainant does not come in the purview of consumer. As no such application for issuance of copy has been filed by the Complainant there is no question of Deficiency in service arises .According to Orissa Record Manual, the O.P-1 is bound to supply certified copies of documents sought by the Complainant leaving no option for delay or non-supply of the same. The Complainant has instituted a false, frivolous, vexatious petition against the O.Ps who are the responsible and designated officials of Govt. of Odisha to unnecessarily harass and defame them and create mental pain, agony which results to disturbance in their day to day official works. This matter has been well settled in the case of “B. Prasada Rao Vs. Branch Manager, Bank of Baroda” –decided on 2^nd February 2000 by  Andhra Pradesh State Consumer Disputes Redressal Commission SCDRC Hyderabad .

Hence we dismiss this complaint with exemplary costs under Section 26 of the Consumer Protection Act, 1986 of Rs. 3,000/-

                                                                                 ORDER

The Complaint petition is dismissed and the Complainant is directed to pay a sum of Rs.3,000/-(Rupees Three Thousand) to the Opposite Party-1 within 30(Thirty) days of receiving this order failing which he has to pay 9% interest per annum till actual payment.

Order pronounced in the open court today i.e, on 11^th day of September, 2018 under my hand and seal of this forum.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement   of the delivery thereof.

 

I agree,                            I  agree,                          

 

MEMBER.(W)                   MEMBER.                        PRESIDENT.

 

                                Dictated and Corrected

                                            By me.

 

                                       PRESIDENT.