SECRETARY, GRAMIN CONSUMER LABOUR ASSOICATION vs Sub-Collector, Bhadrak

HEARD the appellant and Mr. D.K. Misra, learned Additional Standing Counsel. It is stated that certified copy has been supplied to the consumer for whose suffering, complainant had been filed. However, compensation not having been granted for the delay in supply of certified copy and the District Forum having observed that there is no negligence, this appeal has been filed.

IT has already been held that non-supply of certified copy for which a consumer is charged, is a deficiency in service. Orissa Records Manual clearly provides the time limit during which a certified copy is to be furnished. District Forum ought to have clearly examined the records to find out whether from the date of receipt of the application, the officer incharge of granting certified copy has delayed. If there is no diligence, there would be deficiency in service. Without examining the details which are within the knowledge of the officer who could have explained the same, the District Forum ought not to have held that the complaint has been filed for harassing public officer. The complaint cannot be said to be frivolous. We would have remitted the matter back for fresh consideration if the certified copy would not have been supplied. It is fairly accepted by the appellant, who is Secretary of a Voluntary Organization, that the certified copy has been supplied within five months from the date of the application. In such circumstances, though we do not agree with the reasons given by the District Forum, we are satisfied that the complaint has been rightly dismissed. We are not inclined to interfere with the said order and the appeal is accordingly dismissed. Appeal dismissed.