DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI
C.C NO.06 OF 2016
Present: Sri Rabindranath Mishra - President.
Miss Sudhiralaxmi Pattanaik - Member.
Sri Purna Chandra Tripathy - Member.
Milli Pradhan, aged about 16 years
D/O: Srinibasha Pradhan as minor represented through her
Father guardian Srinibash Pradhan
S/O: Late Braja Pradhan Vill/Po: Paburia
PS: Sarangagada, Dist: Kandhamal ………………………….. Complainant.
Versus .
- Tahasildar, Tikabali, Kandhamal
Village /PO/PS- Tikabali Dist: kandhamal
- Rabindra Nath Sahu, C.S.C./P.F.C Operator ,
of Tikabali Tahasil, Kandhamal.
Village/ Po/PS: Tikabali Dist: kandhamal …………………………….. OPP. Parties.
For the Complainant: Sri Dillip Kumar Banarjee,, Advocate and his Associates
For the OPP. Parties: G.P and A.G.P, Phulbani.
Date of Order: 31-08-2016
O R D E R
The case of the Complainant in short is that she had filed an application before O.P No.1 on 08-10-2015 for a residential certificate vide acknowledgement No. ID:5308113 dated 08-10-2015 . The expected date of delivery was 23-10-2015, but she has not been received the said certificate from O .P No.1. The O.P No.2 is working under O.P No.1. The Complainant is a student and the purpose of the said certificate is to get government benefits during his study period. The O.P No.1 refused to issue the residential certificate in her favor, for which she is suffering mentally being a member of S.T Community. Hence, she has filed this complaint through her father claiming compensation of Rs. 42,000/- due to harassment of the O.Ps
The case of O.P No.1 as per his version is that the application of the petitioner was forwarded to R.I Paburia on 08-10-2015 for enquiry and report by 09-10-2015.The R.I submitted his report wherein he mentioned that the petitioner has neither any residential plot in her name nor in her father’s name but his father has encroached Government land. One encroachment case under O.P .L.E Act has been instituted against him. The petitioner has not submitted the
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documents such as R.O.R as per L. No. 28781 dt. 27-09-2014 of Govt of Odisha Revenue & Disaster Management Dept. As such the residential certificate could not be issued for non compliance of the above mentioned Govt letter. His further case is that the Complaint does not fall within the scope and ambit of Consumer Protection Act, for which the same may be rejected.
The case of O.P No.2 as per his version is that the allegation made by the complainant is totally baseless .On 08-10-2015 the Complainant applied for a residential certificate and I had applied the same through on line and provided the receipt to the Complainant. But the application was hold on 01-01-2016 by the R.I. Paburia due to lack of Gharabari plot. Hence, he has no fault in this matter.
During course of hearing of this case we have heard the learned counsel of the Complainant and the learned Govt Pleader for the O.Ps. We have gone through the complaint petition, version filed by both the parties and documents filed by them in support of their case .We have also gone through the written argument filed by the counsel of the Complainant.
It is submitted by the learned counsel of the Complainant that one Civil suit bearing No. C.S 06/2013 was filed by the Complainant Srinibash Pradhan against the O.P No.1 and others in the court of Civil Judge, Sr. Division, Balliguda. On 31-08-2013 the said suit was decreed on contest and the right, title and interest of the plaintiff over the suit land was declared and his possession was also confirmed by the learned Civil Judge, Sr. Division, Balliguda. In the said suit the defendants are directed to record the suit land in favor of the plaintiff. The appeal filed by the O.P No.1 and others against the said order was also dismissed on 14-01-2016 by the learned District Judge, Phulbani in RFA-12/2014.
The learned A.G.P has submitted that the Complainant is not entitled to get any residential certificate due to non compliance of the provision of the Govt.as reflected in the letter bearing No. 28781dated 27-09-2014 .
It is seen from the Acknowledgement receipt supplied to the Complainant by the O.Ps on 08-10-2015 that the Complainant had deposited Rs. 55/- towards Govt fees and other charges in the office of the O.P No.1 to obtain her residential certificate. Hence the Complainant is a Consumer as per Section 2(d)(ii) of the Consumer Protection Act. On perusal of the letter bearing No. 28781 dated 27-09-2014 of the Department of Revenue and Disaster Management, Govt. of Odisha it reveals nothing regarding the provision for issue of residential certificate to the applicant. In this case the O.P No.1 failed to issue any regret letter to the applicant for the purpose though she deposited required fees. Due to non availability of residential certificate the applicant was debarred from getting Rs. 42,000/- towards her educational benefits being a member of the S.T community.
It is seen from the certified copy of the Judgment of C.S 06 of 2013 that the O.P No.1 was one of the defendant in the said suit and he is well aware of the judgment. It is also seen from the certified copy of the E.P -01/2014 that the Tahasildar Tikabali (O.P No.1) was directed by the learned Civil Judge, Sr. Division, Balliguda to record the suit land in favor of the decree holder Srinibash Pradhan( complainant ) within the period of one month as per his order dated 30-06-2016. So, it cannot be said that the Complainant, the father of the applicant has no residential plot for
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which he is not entitled to get the residential certificate for his daughter .The concerned Revenue Inspector was also not properly inquired the matter .
In the said circumstances the complaint filed by the Complainant is allowed in part on contest against the O.Ps. The O.P No.1 is directed to issue the residential certificate in favor of the applicant Milli Pradhan, the daughter of Srinibash Pradhan within 30 days from the date of receipt of this order but without any cost. In case of failure the Complainant shall be entitled to get Rs.5000/- as compensation from O.P No.1.
With the above direction the C.C is disposed -of. Supply free copies of this order to both the parties at an early date.
MEMBER MEMBER PRESIDENT
