DATE OF FILING : 18.7.2016

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 28^th day of February, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.199/2016

Between

Complainant : Raveendran V.K.,

Vettukallel House,

Kunchithanni P.O.,

Kunchithanni, Idukki.

(By Adv: K.M. Sanu)

And

Opposite Parties : 1. The Deputy Director (Resurvey),

Survey and Land Records,

Collectrate, Idukki,

Painavu P.O.,

Idukki.

2. The Tahsildar,

Devikulam Taluk,

Devikulam, Idukki.

3. The Taluk Survey Superintendent (LR),

Devikulam Taluk Survey

Superintendent Office,

Devikulam, Idukki.

4. The Village Officer,

Kunchithanni Village Office,

Kunchithanni P.O.,

Idukki.

5. The District Collector, Idukki,

Collectrate, Idukki,

Painavu P.O.,

Idukki.

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

Complainant is the owner and in possession of 2 acres of landed property comprised in survey No.19/1, part of Kunchithanni Village, Devikulam Taluk.  He got patta in this property on 7.4.1993 and remitted basic tax upto 6.7.2006.  While so, 4^th opposite party objected to receive further basic tax and also (cont....2)

- 2 -

objected to issue related certificates of the above said property on the reason that there is an error in re-survey.  The complainant came to know that resurvey proceedings are already completed in 2004.  Complainant further submitted that the complainant remitted basic tax to this property from 1993 to 2006 uninterruptedly.  As a poor agriculturist, complainant is suffering a lot due to the illegal attitude from the part of opposite party in non-receiving the basic tax and non-issuing certificate.  He is not in a position to approach any financial institution for availing any loan by pledging his document as collateral security.  The act of the opposite parties warranted deficiency in service.  Thus the complainant approached this Forum for directing opposite parties to receive property tax from the complainant without any lame excuses and also direct them to rectify the error if any in the resurvey procedure, within 30 days from the date of order.  In default, direct them to pay an amount of Rs.1000/- per each defaulting day as compensation and also direct to pay legal cost.

          Opposite party entered appearance and filed detailed written version.  In their version, opposite party contended that revenue authority approved resurvey records of Kunchithanni village in the year 2004.  Opposite party further states that the land owners who are not included in the resurvey records are not in a position to pay land tax and those people can file proper application and get the problem solved.       

          The general public is having sufficient chances for verifying resurvey records before it, transferring to the revenue department and also can file proper petition in case of any default or error in resurvey.  Moreover, after implementation also, the defects in resurvey can be rectified through adalaths.

          The opposite party denied the averments that the complainant approached them and filed petition so many times.  No such application is found in their office.  Opposite party further stated that, opposite parties are ready and willing to cure the defect in resurvey of the alleged landed property now also, if the complainant approaches them through proper channel.

          The evidence consists of oral testimony of PW1 and Exts.P1 to P3 marked. Ext.P1 is copy of patta. Ext.P2 is copy of tax receipt. Ext.P3 is copy of letter issued by opposite party. 

          Heard both sides. (cont....3)

- 3 -

          The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

          The POINT :-  On the basis of the admission in the written version of 1^st  to 5^th opposite parties, the Forum directs the 1^st opposite party to take urgent steps in curing the defects of the resurvey of the landed property discussed above, without waiting for any further application from the complainant, within 30 days from the date of receipt of a copy of this order, failing which the complainant shall initiate proper action against them by the relevant provisions of the Consumer Protection Act.  No cost or compensation is ordered.

          Pronounced in the Open Forum on this the 28^th day of February, 2017 

  Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SRI. BENNY. K., MEMBER

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - V.K. Ravenndran.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - copy of patta.

Ext.P2 - copy of tax receipt.

Ext.P3 - copy of letter issued by opposite party.

On the side of the Opposite Party :

Nil.

/ Forwarded by Order /

SENIOR SUPERINTENDENT