M.THANIKACHALAM, J. - (1.) This appeal is targeted against the order of the District Forum dt.17.12.2009, in CC.No.93/2008, on the file of District Forum, Theni, wherein certain directions were issued, as well as compensation was ordered against the opposite parties, based upon the alleged deficiency.
(2.) The respondent/ complainant approached the 1st opposite party for ration card, by filing an application dt.25.9.2006. The 1st opposite party, though issued no card certificate previously, enabling the complainant to obtain gas service connection, failed and neglected to issue ration card, though more than 6 months had lapsed, thereby committed deficiency. Enquiry revealed that the 1st opposite party had lost the application dt.25.9.2006. The act of the opposite parties are deficiency in service, which caused mental agony, for which the complainant is entitled to a sum of Rs.1 lakh, as compensation in addition to a direction to issue ration card. Hence the complaint.
(3.) The opposite parties, admitting the issuance of no card certificate, enabling the complainant to get a gas service connection, resisted the case, contending that no application dt.25.9.2006 was pending, seeking ration card, and therefore the non-issuance of the certificate, based upon the non-existence of the application, cannot be construed as negligence or deficiency, though the complainant had applied for deletion of his name from the ration card, issued to his father, which was also issued on 22.11.2007, thereby the 1st opposite party had not committed deficiency in service, and without applying for ration card, enjoying other benefits, a case is filed on false grounds, claiming a sum of Rs.1 lakh, which is liable to be dismissed with cost.;