COMPLAINT FILED: 28.01.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 19th MARCH 2009<br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO. 238/2009<br /> <br /> <br /> COMPLAINANT Sri. Naba Kumar Bishoi,<br /> S/o. Bharat Bishoi,<br /> Aged about 26 years,<br /> Residing at<br /> C/o. B.N. Babu Reddy,<br /> No. 40, New No. 8,<br /> Near Anjaneya Temple,<br /> Banaswadi,<br /> Bangalore – 560 043.<br /> <br /> <br /> Advocate (S.K. Rajendra)<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTIES 1. The Manager,<br /> UTI Technology Services Ltd.,<br /> (A Govt. of India Company)<br /> No. 153/1, I Floor, <br /> Old Madras Road,<br /> Halasuru,<br /> Bangalore – 560 008.<br /> <br /> <br /> 2. The Manager,<br /> UTI Technology Services Ltd.,<br /> (A Govt. of India Company)<br /> Plot No. 3, Sector II, <br /> CBD Belapur,<br /> Navi Mumbai – 400 614.<br /> <br /> <br /> O R D E R<br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.91,200/- with interest and for such other reliefs on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> Complainant has applied for the PAN card with IT Department. OP’s are expected to deliver the said PAN card within 15 days from the date of the said application. The concerned Tax Department allotted the PAN by accepting the application of the complainant and entrusted the same to the OP’s to deliver it to the complainant. Though complainant patiently waited for more than 15 days from 22.09.2008 he has not received the said PAN card. He immediately contacted the OP’s and addressed several letters. Again there was response. OP on one or the other ground tried to convince him that they will deliver it within 15 days or so, but the result is one and the same. On insistence OP came up with a defence that they have already dispatched the PAN card to the complainant to the given address, which is not true. Till today complainant has not received the said PAN card. Being fed up with the hostile attitude of the OP complainant caused the legal notice on 29.12.2008 sought for the compensation. Again OP failed to respond to the said call. Thus complainant felt the deficiency in service. For no fault of his, he is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP this Forum has no territorial jurisdiction to entertain this complaint. Complainant gave his postal address of Orissa State and the PAN card was dispatched to him to the given address under UCP. The records and documents maintained by OP disclose the due service of the said PAN card under UCP No. P014973705 to the complainant. The other allegations of the complainant are false and frivolous. The compensation claimed by the complainant to the tune of Rs.91,200/- has no basis. To obtain the PAN card as required he has paid only Rs.60/- as principal amount and other amount are the service charges. The PAN card sent to the complainant is not returned as undelivered. Hence OP presumed that it is delivered. On the receipt of the complaint from the complainant OP prepared the fresh reprinted PAN card and kept ready for delivery, then requested the complainant to come and collect it, complainant has not responded for the same. Ultimately the said PAN card is produced before the Forum. So there is no deficiency in service on the part of the OP. The delayed receipt of the PAN card if any not created any loss to the complainant as the PAN card by itself has no pecuniary value. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced the documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has proved <br /> the deficiency in service on the part of the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Negative<br /> Point No.2:- Negative<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant has applied for the issuance of the PAN card with the OP with the Income Tax Department on 22.09.2008. The required amount is collected to issue the PAN card, ultimately IT Department allotted him PAN number ARNPB0742Q. Now it is the grievance of the complainant that IT Department has taken the assistance of OP.1 and 2 for the delivery of the said card and OP’s are expected to deliver the same within 15 days from the date of issuance of the PAN card. Complainant expected the delivery of the PAN card by 11.10.2008. But to his utter shock and surprise he could not receive the same. Then he made correspondence with the OP, OP sought for sometime. Again there was no response. For no fault of his, he is made to move from pillar to post and till today he has not received the PAN card. Hence he felt the deficiency in service on the part of the OP.<br /> <br /> 7. As against this it is specifically contended by the OP that they had dispatched the PAN card to the complainant under UCP No. P014973705 to the given address of the complainant in his application. The said address discloses that it has to be delivered at Saranai Village, Belapada Post, Balugaon, Khurda, Orissa and according to the OP it delivered it to the given address on 23.10.2008. A postal receipt to that effect is produced. So for so good the said docket is not returned to the OP.1 and 2 as undelivered, hence we find there is a force in the contention of the OP that the said post presumed to have been delivered to the complainant.<br /> <br /> 8. It is further contended by the OP that on the receipt of the complaint from the complainant in order to redress his grievance they got reprint a fresh PAN card and kept it ready for delivery on 26.12.2008 and requested the complainant not once but many more times, even by contacting him on phone to collect the PAN card. It appears complainant has not responded for the same. Without finding any other way OP has produced the said PAN card before the Forum. Evenafter the production of the PAN card before the Forum complainant has not received it. Under such circumstances it can only be said that there is no deficiency in service on the part of the OP. They did discharged their obligation and extended the service as contemplated. So the conduct of the complainant in not receiving the fresh PAN card given by the Tax Department through OP.1 and 2 does not appears to be fair. We again find force in the defence of the OP that the delayed receipt of the PAN card has not created any loss to the complainant as PAN card by itself does not have any pecuniary value.<br /> <br /> 9. On going through the facts and circumstances of the case, it appears complainant somehow felt the hostile attitude on the part of the OP. On the other hand OP has satisfactorily explained under what circumstances there is a communication gap and there is a delay in dispatch of the PAN card. Actually there is no proof that OP failed in its obligation to deliver the said PAN card to the given address within a stipulated period of time, on the other hand OP had dispatched it through UCP. But when complainant raised the grievance they again reprinted the PAN card afresh and kept it for delivery, but complainant has not come forward to receive the same, for that OP cannot be blamed. <br /> <br /> 10. Hence for these reasons the complaint appears to be devoid of merits. For the purpose for which this complaint is filed that is with regard to the issuance of the PAN card is fulfilled, the other claim of the complainant with regard to delay in delivery, transport expenses, etc., does not find the base. In the interest of justice we find it is not a fit case, wherein the complainant deserves the compensation as prayed. As the OP has already produced the PAN card before the Forum, complainant can collect it at any time under proper acknowledgement. With these reasons we answer point nos.1 and 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is dismissed. In view of the nature of dispute no order as to costs.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 19th day of March 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> p.n.g. <br /> <br /> <br /> <br />