RAMA CHANDRA ACHARYA vs EXECUTIVE ENGINEER, PURI ELECTRICAL DIVISION

THIS appeal arises out of the judgment passed by the District Forum, Puri in CD. Case No. 149 of 1994. The complainant in the said case is the appellant. He alleged deficiency in service on the part of the Electrical Division and impleaded the Executive Engineer, Puri Electrical Division, the Sub-Divisional Officer, Electrical Division, Sakhigopal and the Junior Engineer, Electrical Division, Sakhigopal as opposite parties. His case was that he received a bill of Rs. 702/- and paid the said amount on 1.3.88 and obtained a receipt. But unfortunately in the bill received by him in December, 1992 a sum of Rs. 3,107/- was shown to be the outstanding dues against him relating to the period from 1.8.92 to 3.9.92 as arrear dues against him. It was alleged that the payment made by him on 1.3.88 has not been reflected in the original ledger and the claim of the arrear amount ignoring the said payment and threatening to disconnect the electric line is improper on the part of the electricity department. He has, therefore, prayed for directing the opposite party No. 1 before the District Forum to reflect the payment of Rs. 702/- deposited by him on 1.3.88 in the original receipt and pay Rs. 1,500/- towards mental agony.

THE present respondent filed show cause denying their liability. In the show cause it was specifically stated that there was no bill given to the complainant for Rs. 702/- nor it is true that he had paid Rs. 702/- on 1.3.88. THEir specific case is that the complainant had deposited a sum of Rs. 2/- only on 1.3.88 towards obtaining a duplicate card since the original card was lost by him. It was alleged that the receipt granted to him for Rs. 2/- bearing No. 378244/5856/IV 56 for Rs. 2/- has been manipulated to appear as if a receipt for Rs. 702/-. THE figure ''70'' has been written by the complainant on the left side of the figure ''2'' to make it Rs. 702/- and similarly the words ''seven hundred'' have been written outside the brackets in which the word ''two'' was written. THE Division Forum after hearing both parties came to a conclusion that the receipt produced by the complainant has been forged and manipulated and the receipt for Rs. 2/- has been converted to appear as if it is a receipt for Rs. 702/-. He, therefore, dismissed the case with exemplary cost of Rs. 500/- to be paid to the opposite parties by the complainant. Hence this appeal. The original receipt on the basis of which the complainant was claiming to have paid Rs. 702/- was produced before us by the learned Counsel appearing for the appellant which he had taken return of from the District Forum. The Xerox copy of the said receipt is on record. We have examined the original receipt and we have no hesitation to confirm the conclusion arrived at by the District Forum. On the other hand, the District Forum had observed that the words ''Seven hundred'' have been written beyond the brackets in which the word ''two'' has been written and it was of a different link and by a different person. Consequently, we also find that on the reverse side of the said receipt, the words ''Seven hundred'' have not undergone the change due to dampness of the paper and has not been disfigured. That apart, we notice that a revenue stamp worth Rs. 0.20p. has been affixed to the said receipt to authenticate genuineness thereof. The revenue stamp which has been reversaly placed on the receipt bears the impresssion of circular rubber stamp covering less than one quarter of the stamp which is not readable. That apart, we also notice, the rubber stamp does not extend on the paper around it which normally would have left some impression on the adjacent portion of the receipt. The counter foil which was produced before the District Forum and the Xerox copy of which is still available on the record shows that a sum of Rs. 2/- was received by the opposite parties. For the aforesaid reasons, we have no hestitation to conclude that the receipt on the basis of which the complaint petition was made before the District Forum was a manipulated document. The District Forum has rightly dismissed the claim of the petitioner with exemplary cost as indicated above. We find no merit in this appeal and dismissed the same. Appeal dismissed.