Block Development Officer vs SUNDARI BEWA

-HEARD Mr. G.C. Kanungo, the learned Counsel for the appellant O.P. and the authorised representative of complainant. It is an appeal at the instance of the B.D.O., Kujanga against the order of the District Forum, Jagatsinghpur in C.D. Case No. 08 of 2003 directing to take immediate steps for allotment of a house under the "Indira Yabas Yojana" Scheme. We have also perused the grounds of appeal. Complaint's case is that Government has floated a scheme named "Indira Yabas Yojana" meant for the persons of poor financial background for a house. To avail that scheme the complainant has been selected by the appellant, but for the reasons best known to the appellant, the house has not been sanctioned in favour of the complainant for which she filed a case before the District Forum.

IN the written version in para-5 we find that the present appellant admitted that a person is eligible to get a house under the INdira Yabas Yojana subject to he/she must be a B.P.L. card holder, received house damage assistance, not availed Hudco loan and should not have been a service-holder, or have a pucca building or a pension holder. But categorically denied that the complainant does not come under the scheme to avail the assistance for construction of a house. Perused the documents filed by the complainant before the District Forum. But the appellant has not filed a single scrap of paper to prove his case. Further more, complainant is a B.P.L. Card holder and had availed Rs. 1,000/- towards house damage assistance from the Tahasildar, Tirtol bearing register Sl. No. 47. As per direction of the Collector, Jagatsinghpur the B.D.O., Kujanga-appellant had conducted an inquiry and prepared a select list for the said scheme and communicated the same vide his letter No. 639 dated 26.3.2002 to the Sarapancha, Gorada Gram Panchayat for objection if any. The serial number of the complainant is 8. The Sarapancha, Gorada Gram Panchayat vide his letter No. 154 dated 1.4.2002 addressed to B.D.O., Kujanga confirmed that the complainant is eligible to get assistance under "INdira Yabas Yojana" scheme for a house. At the appellate stage the O.P.-B.D.O. has taken a stand that the complainant is not a consumer under the O.P. and the District Forum has no jurisdiction to entertain this petition. In order to have a jurisdiction to consider the complaint, it is first necessary to consider whether complainant is a consumer. This term has been defined in Section-2(d) of the Act : "2. Definition- (d) Consumer means any person who.... (i) xxx xxx xxx (ii) hires any services for a consideration.... and includes any beneficiary of such services other than the person who hires the services .... when such services are availed of with the approval of the first mentioned person."

State Government is a creature of our Constitution and is a person. It has no living mind as it is not an individual. It acts through individuals. Bethi or beggar in any form is prohibited in our Constitution. Those who are employed by the State Government are governed under Articles 309, 310 and 311 of the Constitution. They are paid by the State Government. Payment to officers of the State Government is not gratuitous. They are expected to render their services. Where such services are in relation to State Government only without any third party involved, such third party is not a consumer. Where, however, a third party becomes the beneficiary of such services by an employee, State Government having paid for the service for benefit of the third party, such third party is a consumer. When State Government has entrusted the duty for sanction the scheme to the third party deficiency in service of such employees can be made a grievance. Accordingly, this Redressal Forum has jurisdiction to entertain the complaint. Besides meaning of "service" in the Act is wide and includes any service. See the case of Jayakrushna Samal v. State of Orissa and Others, in C.D. No. 112 of 1990 decided on 31.8.1991 and reported in CPR XI-XII 1991, page-692).

IT is clear from the documents produced by the complainant that she satisfied all the conditions of eligibility to receive the assistance under the "Indira Yabas Yojana" Scheme such as B.P.L. Card holder, house damage assistance, select list of B.D.O., Kujanga and select list of Sarapancha, Gorada Gram Panchayat. We are satisfied from the records that the complainant is eligible to get that assistance. After going through the record and orders of Court below we find that there is no infirmity in the order of District Forum, Jagatsinghpur and we, therefore, confirm the order of District Forum and direct the B.D.O., Kujanga (appellant) to release the amount under "Indira Yabas Yojana" for construction of a house by the complainant within sixty days from the date of receipt of this order. Appeal dismissed. As to no cost. Mr. Pramodnath Das, Member-I agree. Appeal dismissed.