Haryana

StateCommission

A/336/2021

DR. R.K. JAIN - Complainant(s)

Versus

DISTRICT COLLECTOR JIND - Opp.Party(s)

R.K.JAIN

28 Jun 2024

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION HARYANA, PANCHKULA

 

                                                Date of Institution: 24.11.2021

                                                          Date of final hearing: 17.05.2024

                                                     Date of pronouncement: 28.06.2024

 

First Appeal No.336 of 2021

 

Dr. R.K. Jain S/o Late Sh. S.P. Jain, R/o 2898, Urban Estate, Jind-126102.                     ....Appellant

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District Collector (D.C.) Jind, Office of the D.C., Jind Secretariat, Jind (Haryana)-126102..... Respondent

CORAM:             Mr.Naresh Katyal, Judicial Member

                             Mrs. Manjula Sharma, Member

 

Argued by:-       Dr.D.K. Jain, appellant in person.

None for respondent.

 

                                                ORDER

NARESH KATYAL, JUDICIAL MEMBER:-

          Challenge in this Appeal No.336 of 2021 of appellant/complainant has been invited to the legality of order dated 01.09.2021 passed by District Consumer Disputes Redressal Forum, Jind (In short “District Consumer Commission”) in Complaint No.78 of 2020, vide which complainant’s complaint has been dismissed.

2.      Factual matrix:Civil Suit No.CS-730/17 titled Rajesh Kumar Jain Vs. Suresh Kumar was filed by complainant on 09.10.2017. Court fee of Rs.3000/- was deposited in excess in that Civil Suit. Civil Court passed order dated 12.03.2019 for refund of amount paid in excess to complainant and accordingly directed competent authority. It issued court fee certificate No. 305 vide order dated 23.04.2019. As per plea; refund certificate was submitted in Room No. 319, 2^nd Floor, Secretariat at Jind on 23.04.2019 and thereafter acknowledged in concerned HRC Branch in Room No. 18, Secretariat, Jind vide No.R-4622 dated 24.04.2019. As per plea; needful was not done and there was delay of more than 8½ months which has been alleged as undeniable deficiency in service of OPs coupled with its insensitive and casual approach.Complaint has been filed for issuing of directions against OPs to conclude process expeditiously and pay entire amount (refund of excess court fee); to award him compensation for deficiency in service, accompanying harassment and mental agony for amount of Rs.10,000/-; also award him punitive damages and litigation cost.

3.      Upon notice, OP/respondent raised contest and filed written defence.  It is pleaded in preliminary objections that: complaint is not maintainable; complainant has no cause of action & locus standi and he has not approached the forum with clean hands by concealing material facts. Claim of complainant is not maintainable and justifiable being not provided GRN/copy of e-challan/e-stamp even on making the request in writing or through telephone message. Stamp refund bill cannot be generated without quoting GRN number. Complainant did filed civil suit in District Court, Jind (CS/730/17) on 09.10.2017 for refund of court fee which was deposited in excess by Rs.3900/- and vide order dated 12.03.2019; direction stand issued to refund the amount in question and forwarded to District Collector-Jind for taking necessary action and District Collector did accordnecessary sanction on 24.07.2019. E-stamp or e-challan or GRN Number were under requirement for preparing refund bill of Rs.3900/- but required document/number have not been provided to OP. In absence thereof, refund bill cannot not be generated. Request was made in writing, as well as, telephonically but there was no positive response given by complainant. Messenger was also deputed to collect required documents at the address received with order of District Court-Jind, but neighbors intimated that no such person is residing there and when contacted through phone; complainant did not talk in proper manner. Under the situation, refund in question could not be made and bill Clerk of office of OP is being blamed without any reason and she suffered mental pain and agony without any fault. OP has submitted that amount has been delayed due to the negligence of complainant. Had, complainant fulfilled the requirements, amount of Rs.3900/- would have made to him.

4.      Parties to this lisled their respective evidence (oral as well as, documentary). On analysingit; learned District Consumer Commission-Jind vide order dated 01.09.2021 has dismissedthe complaint. Feeling dissatisfied; the unfazed and unsuccessful complainant has filed instant appeal.

5.      We have minutely heard appellant, appearing in person.

6.      Complainant/appellant has urged that OP has unnecessary withheld his amount of Rs.3900/- which was ordered to be refunded to him by Civil Court-Jind. Whimsical and fanciful reasons quoted by OP are unworthy to be believed. There has been a long delay on the part of OP to settle his claim of refund of excess amount of court fee of Rs.3900/-. Learned District Consumer Commission has wrongly held that complainant should approach Civil Court for enforcing execution of order dated 23.04.2019 passed by it on refund of excess amount of court fee. 

7.      Undisputedly, Civil Suit No. 730 of 2017 titled as Rajesh Kumar Vs. Suresh Kumar was instituted on 09.10.2017. In that civil suit; excess court fee of Rs.3900/- was affixed. Learned Civil Court vide certificate of refund dated 23.04.2019 has directed “Whereas, a refund of excess court fee of Rs.3900/- has been directed for vide order dated 12.03.2019. It is hereby certified that the court fee is ordered to be refunded to the plaintiff i.e. Rajesh Kumar Jain S/o Late Sh. S.P. Jain R/o 2898 U.E. Jind as per rule. Plaintiff is under section 21 of the Legal Authorities Act, 1987 (39 of 1987) as amended upto date read with section 10 of the Court Fees Act, 1870 (7 of 1870) entitled to receive the sum of Rs.3900/- being the amount of excess court fee paid on the plaint (vide No.102341, 149830, 149829, 149828, 042169, 042168, 00461 ,000460, 028135, 053176 all dated 30.08.2017).”

8.      Undisputedly, OP has received certificate of refund of excess court fee for its meticulous compliance and in furtherance thereto; Op has accorded necessary sanction on 24.07.2019. However, further process/action became standstill as necessary documents i.e. GRN number/e-challan/e-stamp were not furnished by complainant, despite demanded by OP. There is no fallacy on the part of complainant to file consumer complaint for expeditious conclusion of process of refund by OP and for issuance of refund. After all, process of refund of excess court fee and its actual refund, after completion of process/formalities, was the administrative function of Executive Authorities only. That is why, OP hadbegun its process of initiating refund of excess court fee of Rs.3900/- and issued necessary sanction order dated 24.07.2019. No doubt, execution of  order dated 23.04.2019 of civil court was also maintainable before civil court, yet it has to be borne in mind that: if complainant has two simultaneous legal remedies available to him, it would be his sole preoperative to choose anyone of those two legal remedies. This being so, the observation of learned District Consumer Commission that complaint is not maintainable is bereft of credence in legal parlance and same is hereby set aside. As necessary corollary, so flowing;impugned order dated 01.09.2021 passed by learned District Consumer Commission-Jind in complaint No. 78 of 2020 titled as Dr. R.K. Jain Vs. District Collector, Jind is held as perverse and illegal and same is accordingly set aside. Present appeal is allowed. Complainant’s complaint is also allowed. Direction is issued to OP (District Collector-Jind) to expedite further process of refund of excess court fee of Rs.3900/- to complainant, post according necessary sanction vide order dated 24.07.2019. Complainant would extend his cooperation in this regard to OP and would submit necessary GRN No./copy of e-challan/e-stamp along with other required documents so demanded from him, by OP. OP would endevour to complete the entire process of refund of excess court fee of Rs.3900/- within period of two months, after receiving necessary documents (GRN No./copy of e-challan/e-stamp along with other required documents) from complainant/appellant. 

9.  

10.    A copy of this judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 1986/2019. The judgment be uploaded forthwith on the website of the Commission for the perusal of the parties.

11.    File be consigned to record room.

Date of pronouncement: 28thJune, 2024

 

 

                             Manjula Sharma                            Naresh Katyal                                          Member                                 Judicial Member

Addl. Bench-I                       Addl. Bench-I