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Shahzad Tangwani vs DCO Layyah

CourtDistrict Consumer Court
Case No.Complaint / Case No: 1586 / 289 / 11.
Date2011-01-30
Judge(s)Mirza Jawad A. Baig
ResultN/A

COMPLAINT ABOUT FAULTY SERVICES

1. Briefly stated the claimant has addressed all his grievances to DCO against various departments of the federal and provincial and district governments and banks and WAPDA and TMA and statistical departments through this court by the complaint under discussion.

2. The DCO has submitted the following reply on 20-08-2011 in response to the complaint; "The brief facts relevant to the instant case are that as per thorough perusal of the complaint and its annexures, the complainant has numerous complaints against the Federal and Provincial Departments. The reports on complaints relating to the Provincial Departments have been called from the concerned officers and they have also been directed to submit their reply / action taken before this Hon'able Court on the next date of hearing. It would also appropriate to submit here that the complaints against WAPDA, Banks and Statistical Department do not relate the answering defendant as they are not under the administrative control of Provincial Government / District Government."

3. The reply of Zarai Taraqiati Bank is to the effect that the recovery of the due amount from the claimant is to be effected through Banking Court.

4. The reply of TMA is to the effect that the services of TMA would be gradually improved after recruitment of more staff and availability of funds.

5. The reply of Tehsildar is to the effect that the father of the claimant had made Tamlik in favour of step brother of the claimant namely Mohammad Umar Khan and that the inheritance cannot be transferred due to said Tamlik and that the deficiency of 4 Kanals in Khasra No.260/9 is to be corrected by correction of record.

6. The replies of MEPCO are to the effect the claimant should approach Chief Executive for change of customer center.

7. By earlier order of this date, the statement of the step brother of the claimant has been recorded alongwith production of original joint affidavit of the both brothers in favour of each other as Mark- PA to the effect that land measuring 1 Kanal 5 Marlas with boundaries mentioned in the affidavit is to be transferred by mutation by Mohammad Umar Khan to the claimant while the claimant would not proceed with any further litigation about the dispute mentioned in the affidavit. It is therefore directed to the Tehsildar for giving effect to the compromise of the claimant with said Mohammad Umar Khan by sanctioning the mutation of the required land in favour of the claimant on behalf of said Umar Khan at the earliest.

8. It is being pointed out that by order dated 17-12-2011, it was directed to the Ex.En MEPCO that recommendation should be submitted to the Chief Executive MEPCO Multan and WAPDA Board for separation of the localities of District Layyah from administrative control of District Muzaffargarh.

The said direction is now being made part of this order. A copy of this order is to be sent to the Chief Executive MEPCO Multan with direction for doing the needful at the earliest.

9. I have observed that as far as the remaining disputes mentioned in the complaint are concerned, the same are general in nature against different departments of the government supervised by District Co-ordination Officer including some departments which are not being supervised by DCO as such it is clarified to the claimant that separate cases can be filed if so required against each department directly without impleading DCO as party and that the dispute with each department is to be explained in the said cases separately in accordance with law.

10. Meanwhile the DCO is directed to continue further action on the complaints on the basis of the reports being submitted by attached departments so as to supervise positive improvements in the matters pointed out in the complaint.

11. In accordance with above discussion, the complaint is hereby decided partly in favour of the claimant by asserting the orders being passed in foregoing paragraphs about direction to the DCO to continue further action on the complaints on the basis of the reports being submitted by attached departments so as to supervise positive improvements in the matters pointed out in the complaint and the direction about sanctioning of the mutation to the Tehsildar in accordance with the compromise based on affidavit Mark-PA between the parties of disputed Tamlik and the direction to the Chief Executive MEPCO Multan for separation of the localities of District Layyah from administrative control of District Muzaffargarh while the complaint alongwith all ancillary applications included in the file of the complaint is disposed off by way of return for filing separate cases about remaining complaints against each department, if so required to be filed.

12. The parties are left to bear their own costs.

13. The file of this complaint is to be consigned to the record room duly page marked with proper index and after due completion and made available for issuance of attested copies and kept under safe custody till the period fixed for destruction in accordance with the Rules & Orders of Honourable Lahore High Court.

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