PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Complaint No.- 155/2024

Present-Dr. Ramakanta Satapathy, President,

  Sri. SadanandaTripathy, Member,

Sri. BirendraKhamari,

S/O- GajapatiKhamari

R/O-Budhaknata, PO- Garmunda, PS-Hirakud,

Tahl/Dist-Sambalpur, Odisha.                                         ….…......Complainant.

                                    -Vrs.-

1. Tahasildar, Sadar, Sambalpur

PO/PS/Tahl/Dist-Sambalpur.

2. District Sub Registrar Office, Sambalpur

At Court Premises, PO/Dist-Sambalpur.                …...……….Opp. Parties

Counsels:-

1. For the Complainant         :- Sri. S,Mishra & Associates
2. For the O.P.s                       :- Sri. A.K.Senapati, G.P.

Date of Filing:30.04.2024,  Date of Hearing :13.08.2024,  Date of Judgement :07.10.2024

Presented by Dr. Ramakanta Satapathy, PRESIDENT

1. The case of the Complainant is that the Complainant purchased a land vide Regd. Sale deed No. 1622400192 dated 10.01.2024 before the O.P.No.2. Vide letter No. 41564/R & DM dated 08.11.2018 the Revenue and disaster Management department, Govt. of Orissa issued guideline that in case of single recorded tenant and full plot in an uncontested mutation case R.O.R. shall be issued within 72 hours of registration. In this case the land was not mutated inspite of several request. Required fees has been paid to the O.P.No.2 at the time of registration. Being harassed complaint has been filed.
2. The O.P.No.1 not submitted any version. O.P.No.2 submitted that Complainant is not a consumer. The Complainant purchased Ac 1.070 land vide Sale Deed I.D. No. 1622400192 and Doct No. 11622400154 dated 10.01.2024. The O.P. No.2 collected ROR Users Fees of Rs. 80/-. Demarcation fees Rs. 40/- and ROR delivery fees of Rs. 40/- on dated 10.01.2024. The mutation case to be instituted at Tahsil office through online transfer of mutation case in form 3 submitted before O.P.No.2. The mutation fees has been transferred to O.P.No.1. On 06.02.2024 vide A/C No. 10856697514. There is no deficiency on the part of the O.P.No.2.
3. Perused the documents filed by the Complainant.

1. ROR fees receipt dated 10.01.2024 for Rs. 160/-.
2. RSD ID No. 11622400192 dated 10.01.2024.
3. ROR No. 216 of mouza-Larbanga.
4. Circular No. 46382/R& DM dated 26.12.2018.
5. Circular No. 41564 dated 08.11.2018 of the R & DM, Govt of Orissa.
6. ROR No. 238/131 of mouza of Larbanga.

4. As per circular No. 46382/R & D.M. dated 26.12.2018 and 41564 dated 08.11.2018 that timely disposal of mutation case is to be made and also the delivery of ROR. In case of a single recorded tenant and full plot in an uncontested mutation case, ROR will be issued within 72 hours of registration. In the present case registration was made on 10.01.2024 by the O.P.No.2. Mutation case was initiated vide Mut. Case No. 417/2024. The Revenue Inspector forwarded the report on 11.03.2024 and the O.P.No.1 allowed mutation on 11.03.2024. There is clear violation of the circulars of the R & D.M. Department Govt. of Orissa.

The O.P.No.2 admitted that the ROR user fees of Rs. 80/- Demarcation fees of Rs. 40/- and ROR delivery fees Rs. 40/- was collected from Complainant on 12.01.2024. The amount has been transferred to the account of O.P.No.1 on 06.02.2024 vide A/C No. 10856697514. Here also the O.P.No.2 violated the spirit of circulars discussed Supra. Co-ordination between the O.Ps are required to execute a work of mutation of land. Within 72 hours neither the O.P.No.2 remitted the amount nor O.P.No.1effected the mutation. It amounts to deficiency in service on the part of the O.Ps. and both are jointly liable for the same.

5. It is admitted by the O.P.No.2 that user fees and other fees have been taken from the Complainant. The user fees are for the service rendered to a consumer. As consideration is paid by the Complainant to the O.Ps, the Complainant is a consumer of the O.Ps.

Accordingly, following order is passed:

ORDER

The complaint is allowed on contest against the O.Ps. The O.P.s are jointly and severally liable to pay compensation of Rs. 5000/- and litigation expenses of Rs. 5000/-. The O.P.No.1 is directed to follow the circular issued by government and deliver the R.O.R. without and delay to the Complainant.

Order pronounced in the open court on 07^th day of Oct. 2024.

Supply free copies to the parties.