IN THE COURT OF THE PRESIDENT DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM: BOUDH
C. Case No.113/2008
Sulochana Majhi,
W/O-Luku Majhi,
AT-Nandaguda, PO-Kusanga,
Dist-Boudh…………………………Complainant
-Versus-
1. Sriram Chandra Das,
S/O-Late Parameswar Das,
Sarapanch, Kusanga G.P., AT/PO-Mahalikpada,
PS-Harabhanga, Dist-Boudh
2. Executive Officer, Kusanga G.P.,
AT/PO-Kusanga, Dist-Boudh
3. Marketing Inspector, Harabhanga Block,
AT-Office of the B.D.O., Harabhanga
4. B.D.O., Harabhanga,
AT/PO-Charichhak, Dist-Boudh…………….Opposite Parties
DATE OF INSTITUTION:-24-12-2008
Date of Final Order:-29-07-2009
Present:- Sri S.K. Mohapatra, M.A.LL.B., President.
And Sri T.R.Agrawalla, LL.B., Member
For the Complainant: Sri S.K. Pradhan & Sri B.M. Sathapathy
For the Opposite Party No.1 & 3:- In person
Advocate for the O.P.No.2 & 4:-Exparte.
FINAL ORDER
Alleging deficiency in service and unfair practice the present complainant was filed by the complainant against the O.Ps claiming Rs.3000/- and Rs.500/- towards compensation for his mental agony and cost of litigation respectively. The complainant filed the true Xerox copy of BPL card and entry made by the G.P. in support of his claim which marked exhibit-1.
After received notice from this Forum the O.P.No.1 and 3 enter in to their appearance and filed their respective counter. On the other hand O.P.No.2 and 4 did not turned up in spite of notice served upon them. However after allowed some opportunities all the O.Ps are set exparte.
The chronicle of the dispute in concise is that, the complainant is a BPL card holder and being a beneficiary entitle to get 35 KGs of rice from Kusanga Gram Panchayat. The O.P.No.1 intentionally did not provide the said rice in the month of May, June and July-2008 for which the complainant and his family member living on starvation and as such he accused the O.P.No.1 for the mental agony sustained by his family. In this regard the complainant claimed Rs3000/- and Rs.500/- towards compensation and cost of litigation respectively.
The O.P.No.1, the Sarapanch of Kusanga G.P. contended through his counter that, the complainant never came to receive the rice for the alleged period that is May to July-2008 as such the complainant did not receive the rice. Also there is no provision to hand over the rice at their home as such there is no deficiency in rendering service on the part of the O.P.No.1 and pray for dismiss the dispute filed against him.
The O.P.No.3 stated through counter that, as O.P.No.1, Sarapanch is exclusively dealing the PDS and distribution of rice among the beneficiaries for better management and discipline as per resolution passed in the G.P. the O.P.No.3 is not liable for any loss of the complainant. He is not categorically mentioned as to why the complainant not receives the rice for the month of June 2008 as alleged in the complaint petition.
Perused the complaint, its counter, documents and contention advanced by the parties we observed as follows:-
Admittedly the complainant had not received the rice for the month of June 2008, but the reason as to why the rice has not been given as stated by O.P.No.1 is not satisfactory. On the other hand the O.P.No.3, the Marketing Inspector of Harabhanga Block under whose supervision the rice was supply to G.P. categorically stated that as the O.P.No.1 is exclusively dealing with distribution of rice among the beneficiaries by virtue of resolution of the G.P. he is nothing to do in this regard. Hence we found guilty to the O.P.No.1 Sriram Chandra Das personally for unfair practice and deficiency of rendering proper service to a poor beneficiary. Also the O.P.No.1 create hindrance on the smooth implementation of Govt.’s scheme aimed for up-liftment of poor rustic beneficiary. Hence it is ordered.
ORDER
The O.P.No.1, Sriram Chandra Das the sarapanch Kusanga G.P. is directed to supply the rice of 105 KGs to the complainant after receive the prescribe Govt. rate in the said scheme. He further directed to pay Rs.1500/- and Rs.200/- towards compensation and cost of litigation respectively to the complainant. The order is to carry out within one month from the date of this Order failing which action will be taken U/S-27(i) of C.P. Act against the O.P.No.1. The complaint against rest O.Ps is dismissed without cost.
Given under our hand and seal of the Forum today this 29th day of July 2009.
-s/d- -s/d-
Member President,
Dist. Consumer Disputes Dist. Consumer Disputes
Redressal Forum, Boudh Redressal Forum, Boudh