| Complaint Case No. CC/10/74 |
| | | | 1. Smt. Chennoju Sumalatha, W/o. Ramachary, Age: 22 years, Occu: House Hold, R/o. Mamillagudem, Khammam Town. | | Smt. Chennoju Sumalatha, W/o. Ramachary, Age: 22 years, Occu: House Hold, R/o. Mamillagudem, Khammam Town. | | Khammam | | Andhra Pradesh |
| ...........Complainant(s) | |
| Versus | | 1. 1. The District Manager, A.P. Housing Board,D.R.D.A. Building, Burhanpuram, Khammam town. | | The District Manager, A.P. Housing Board,D.R.D.A. Building, Burhanpuram, Khammam town. | | Khammam | | Andhra Pradesh | | 2. 2. Sri Ramakrishna, Asst. Engineer, A.P. Housing Board, D.R.D.A. Building, Burhanpuram, Khammam Town. | | 2. Sri Ramakrishna, Asst. Engineer, A.P. Housing Board, D.R.D.A. Building, Burhanpuram, Khammam Town. | | Khammam | | Andhra Pradesh |
| ............Opp.Party(s) |
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| ORDER | | BEFORE THE DISTRICT CONSUMERS FORUM AT KHAMMAM Dated this, the 20th day of July, 2011 CORAM: 1. Sri Vijay Kumar, B.Com., LL.B., President 2. Sri.R.Kiran Kumar, B.Sc., LL.B., Member C.C.No. 74 of 2010 Between: Smt. Chennoju Sumalatha, w/o Ramachary, aged 22 years, Occu:Household, R/o Mamillagudem, Khammam Town. …Complainant and 1. District Manager, A.P. Housing Board, D.R.D.A., Building Burhanpuram, Khammam Town. 2. Sri Ramakrishna, Asst. Engineer, A.P. Housing Board, D.R.D.A. Building, Burhanpuram, Khammam Town. …. Opposite parties. This C.C. is coming on before this Forum for final hearing in the presence of Sri M. Laxmi Narayana, Advocate for complainant and of Government Pleader, Advocate for opposite parties No.1, Notice served for opposite party No.2 and called absent; upon perusing the material papers on record; upon hearing the arguments, and having stood over for consideration, till this day, this Forum passed the following:- ORDER (Per Sri. R. Kiran Kumar, Member) This complaint is filed u/s.12-A of Consumer Protection Act, 1986. The averments made in the complaint are that the complainant has applied for a house under Rajeev Gruhakalpa Scheme on 18-06-2005 to the A.P.Housing Board, Khammam. Draw was conducted in the presence of District Collector, Khammam and District Manager (Opposite party No.1) and in the said draw the complainant was allotted Plot No.103 in Block No.25. The complainant had opened account in Andhra Bank, Bus Station Complex branch, Khammam as per the instruction of opposite party No.1 and deposited an amount of Rs.7,123/- in the account, the opposite party No.2 obtained signatures of the complainant on the papers pertaining to Bank loan. On the instructions of the opposite party No.1, the complainant had deposited Rs.800/- in the bank account and also the complainant was advised to obtain D.D. for Rs.1500/-, for construction of bath-room by the opposite parties. In the year 2007, the opposite party No.2 received Rs.200/- from the complainant towards electricity connection to the house allotted to the complainant and electricity meter also sanctioned. The complainant further submitted that after completion of construction of house, it was handed over to the complainant and she locked the said house. On 31-11-2007, when the complainant went to her house, some other persons were living in the house and they informed that the opposite parties have allotted the house of the complainant to them on 16-11-2007. Immediately the complainant approached the opposite party No.2, who stated that the house of the complainant was allotted to others by mistake and requested the complainant not to report against him and also advised to address a letter to Divisional Engineer. Accordingly the complainant addressed a letter to the Divisional Engineer on 16-01-2008, but there is no response. The complainant also submitted that the amount deposited by the complainant in Andhra Bank, Bus station Complex branch, Khammam is still lying in her account and she had not withdrawn the same. The complainant addressed letter to the District collector, Khammam on two occasions and also approached the opposite party No.1 on several occasions, as they failed to respond the complainant issued legal notice on 11-08-2009 demanding them to hand over the house and house site allotted to her. The opposite parties have duly acknowledged the receipts of said notice and kept silent. Re-allotment of the house, which is in possession and enjoyment of the complainant to any other person is illegal, unlawful and amounts to deficiency of service on the part of the opposite parties, as such the complainant approached the Forum. 2. On behalf of the complainant, the following documents filed which are marked as Exs. A1 to A8. Ex.A1:- Photocopy of letter addressed by Dy. Executive Engineer, Khammam to the District Manager, A.P. State Housing Corporation Ltd.., dt.17-03-2007. Ex.A2:- Representation given by Complainant. Ex.A3:- Statement of account of Complainant issued by Andhra Bank, Bus Station Complex branch, Khammam, Dt.10-11-2008. Ex.A4:- Statement of account of Complainant issued by Andhra Bank, Bus Station Complex branch, Khammam, Dt.14-12-2008. Ex.A5:- Photocopy of Pass book of complainant issued by Andhra Bank (BSC) Khammam. Ex.A6:- Office Copy of legal notice got issued by complainant to opposite parties. Ex.A7:- Postal Acknowledgements (2) Ex.A8:- Photocopy of Block wise RGK list. 3. On receipt of the notice, the opposite party No.1 appeared through their counsel but failed to file counter. Counsel for complainant filed written arguments. 4. Upon perusing the material papers on record, now the point that arose for consideration are, Whether the complainant is entitled for the claim? Point :- In this case the complainant had applied for a house under Rajeev Gruhakalpa Scheme on 18-06-2005 to the A.P.Housing Board, Khammam, draw was conducted in the presence of District Collector, Khammam and District Manager, (Opposite party No.1), the complainant was allotted Plot No.103 in Block No.25. Later on construction of the said house was also completed. As per the complainant she had opened account in Andhra Bank, Bus Station Complex branch, Khammam on 25-07-2005 and deposited an amount Rs.7,123/- in the said account, also deposited Rs.800/- and obtained D.D. for Rs.1500/- for construction of bath room as per the instructions of the opposite parties. The case of the complainant is that after completion of the construction of the house, it was handed over to her and she locked the said house, on 31-11-2007 when the complainant went to her house some other persons were living in the same house and they informed that the opposite parties have allotted the house of the complaint to them on 16-11-2007. Immediately the complainant approached the opposite parties and also issued legal notice, as there is no response she approached the forum. It is seen from the record, that this complaint is filed to direct the opposite parties to hand over vacant possession of house constructed in Plot No.103, Block No.25 situated at Polepally Village, Khammam Urban Mandal to the complainant. The relief sought by the complainant is purely a civil case in nature, which can be decided by the Civil Court only. This forum lacks jurisdiction to entertain such type of litigations. Hence the complainant is advised to approach Civil Court for redressal of her grievance. The time consumed in prosecuting the case before this Forum can be saved from the period of limitation. Accordingly this complaint is disposed off. 5. In the result, the complaint is disposed off. Dictated to the steno, transcribed by her, corrected and pronounced by us in the open forum on this the 20th day of July, 2011. PRESIDENT MEMBER DISTRICT CONSUMERS FORUM, KHAMMAM. APPENDIX OF EVIDENCE Witnesses examined for complainants: -None- Witnesses examined for opposite party -None- Exhibits marked for complainants:- Ex.A1:- Photocopy of letter addressed by Dy. Executive Engineer, Khammam to the District Manager, A.P. State Housing Corporation Ltd. Ex.A2:- Representation given by Complainant. Ex.A3:- Statement of account of Complainant issued by Andhra Bank, Bus Station Complex branch, Khammam, Dt.10-11-2008. Ex.A4:- Statement of account of Complainant issued by Andhra Bank, Bus Station Complex branch, Khammam, Dt.14-12-2008. Ex.A5:- Photocopy of Pass book of complainant issued by Andhra Bank (BSC) Khammam. Ex.A6:- Office Copy of legal notice got issued by complainant to opposite parties. Ex.A7:- Postal Acknowledgements (2) Ex.A8:- Photocopy of Block wise RGK list. Exhibits marked for opposite parties:- Nil PRESIDENT MEMBER DISTRICT CONSUMERS FOURM, KHAMMAM | |
