Before the District Forum: Kurnool
Present: Sri K.V.H. Prasad, B.A., LL.B., President
Smt C.Preethi, M.A., LL.B., Member
Sri R.Ramachandra Reddy, B.Com., LL.B., Member
Tuesday the 18th day of October, 2005
CC NO.142/2005
S.Raja Manohar Rao, Live stock Assistant Office of the Animal Husbandry,
Sheep Extentional Centre, Military Colony, Kurnool,
R/o H.No.78/8-A/11-2/57-A, Beside Mayuris Residency, New Krishna Nagar,
Kurnool District.
. . . Complainant.
-Vs-
1. G. Venkat Reddy,President of Veterinary Colony of Employees Welfare Association, Kurnool City,
Asst. Director in Office of the Animal-Husbandry, Kurnool Division, Kurnool.
2. M. Kubera Swamy, Secretary of Veterinary colony of EmployeesWelfare Association, Kurnool City, Live Stock Assistant, in office of the Animal Husbandry,
Working at Rural Live Stock Unit, Gudipadu (V), Gudur (M), Kurnool Dist.
3. E. Rama Krishna, Treasurer of Veterinary- colony of Employees Welfare Association, Kurnool City, Junior Veterinary Officer, in office of the Animal Husbandry,
Working at Rural Live Stock Unit,Nannoor (V), Orvakla (M), Kurnool Dist.
. . . Respondent/Opposite parties
This complaint coming on 13.10.2005 for complainant exparty evidence in the presence of Sri.K.Omkar, Advocate, for complainant, and opposite party 1 to 3 set exparte and stood over for consideration till this day the Forum made the following.
O R D E R
(As per Sri R.Ramachandra Reddy, Hon’ble Member)
CC.No.142/2005
1. This consumer dispute case of the complainant is field under section 12 of the C.P. Act, 1986, seeking a direction on the opposite parties to Order to Register the plot No.58 (Northeast corner) in favour of the complainant, to grant interest, the cost of the complaint and to grant such other relief as Honourable Forum deems fit and proper in the circumstances of the case.
2. The brief facts of the complainants case are that he complainant is a member of Veterinary Colony of Kurnool and that on 11-09-1996 he paid Rs.1,000/- towards enrolment of membership for the said colony and then he made payments on different dates i.e., Rs.9,000/- on 16-12-1996, Rs.15,000/- on 08-05-1997 and again Rs.20,000/- on 21-04-1999 and thus he paid a total sum of Rs.45,000/- including the enrolment membership of the said colony and obtained respective receipts and also that all the three opposite parties promise to allot the plot No.58 (Northeast corner plot) situated in the said colony at Kurnool to him. But on the other hand they have not allotted the plot as they promised to him. Even though several remainders, oral demands and requests made by him to the opposite parties, but there is no response and even there is no satisfactory answer also. Hence this complaint to seek a direction on the opposite parties to Order to Register the said plot No.58 in favour of him, to grant interest and cost of the complaint.
3. The complaint in support of its case placed reliance on the documentary record in Ex.A1 to Ex.A8, besides to his sworn affidavit in reiteration of the complaint averments.
4. In pursuance of the receipt of the notice of this Forum as to this case of the complainant, the opposite parties No.1 and 3 and the notice of the opposite party No.2 was returned as he was absent continuously for 7 days in the address mentioned on the cover of the Forum, the said opposite parties 1 to 3 except filing vakalath neither appear before this Forum nor contested the case of the complainant by filing any written version with any defence and thereby remained exparte. But the opposite parties 1 and 3 filed counter in IA.No.262/2005 dated 29-08-2005 but they said IA Petition allowed and condoned delay of the said complaint of the complainant.
5. Hence, the point for consideration is whether the complainant is entitled to the reliefs sought in this complaint.
6. The Ex.A1 is the receipt dated 11-09-1996 of Veterinary Colony, Kurnool city for Rs.1,000/- in favour of the complainant issued towards the enrolment for the Veterinary Colony. The Ex.A2 is the receipt No.052 dated 16-12-1996 for Rs.9,000/- issued by the Veterinary Colony Employees Welfare Association, Kurnool, in the name of the complainant towards ¼ of the amount of plot cost. The Ex.A3 is the receipt No.188 dated 08-07-1997 for Rs.15,000/- issued by the said association in favour of the complainant towards half payment for a plot in Veterinary Colony, Kurnool. The Ex.A4 is the receipt No.299 dated 21-04-1999 in favour of the complainant for Rs.20,000/- issued by the said association towards installment. Ex.A5 is the office copy of the legal notice issued by the complainants counsel to the opposite parties in which he informed the opposite parties to register the plot No.58 situated in the said colony. The Ex.a6 is consisting of three speed post receipts of the postal department, which are sent to the three opposite parties respectively of Ex.A5 (Legal Notice). The Ex.A7 is two registered postal acknowledgements of opposite parties 1 and 3 respectively of Ex.A5 (Legal Notice). The Ex.A8 is the un served and returned registered postal acknowledgement due cover of opposite party No.2
7. As seen from the above cogent material available in Ex.A1 to Ex.A8 referred by the complainant in support of his case and other material available on record, the conduct of opposite parties is certainly amounting to failure on their part in performing the legitimate duty in Registering the plot No.58 in favour of the complainant till date and there by amounting to deficiency of service and there by entitling the complainant to the claim, as the bonafidies of the complainants claim are not otherwise disturbed.
8. In the result, and in sum up of the above discussion, the complaint is allowed directing the opposite parties jointly and severally to Register the plot No.58 (Northeast corner plot) of the concerned welfare of association in favour of complainant in which he is also a member (Ex.A1), to pay Rs.5,000/- towards compensation and Rs.500/- towards costs of this complaint and opposite parties are granted one month time for the compliance of this order. In default, the opposite parties shall pay the supra awarded amount with 12% interest per annum from the date of the said default till the date of realization.
Dictated to the Stenographer, Transcribed by her, corrected by and pronounced by us, in the Open Forum, on this the 18th day of October, 2005
PRESIDENT
MEMBER MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite parties:-Nil
List of Exhibits marked for the complainant:-
Ex.A1 The receipt No.118 dated 11-09-1996 of Veterinary Colony,
Kurnool city for Rs.1,000/-.
Ex.A2 The receipt No.052 dated 16-12-1996 for Rs.9,000/- issued by the Veterinary Colony Employees Welfare Association, Kurnool.
Ex.A3 The receipt No.188 dated 08-07-1997 for Rs.15,000/- issued by the Veterinary Colony Employees Welfare Association, Kurnool City.
Ex.A4 The receipt No.299 dated 21-04-1999 in favour of complainant for Rs.20,000/- issued by the said Association towards installment amount.
Ex.A5 The Office Copy of the legal Notice dated 17-12-2004 issued by
complainants counsel to opposite parties.
Ex.A6 The consisting of three speed post receipts of the postal department, which are sent to three opposite parties respectively of Ex.A5.
Ex.A7 Is the two registered postal acknowledgements of opposite parties 3 and 1.
Ex.A8 The un served and returned registered postal acknowledgement due cover of opposite party No.2
List of Exhibits Marked for the opposite parties:- -Nil-
PRESIDENT
MEMBER MEMBER
Copy to:-
- Sri.K.Omkar, Advocate, Kurnool.
- G. Venkat Reddy, President of Veterinary Colony of Employees Welfare Association, Kurnool City, Asst. Director in Office of the Animal- Husbandry, Kurnool Division, Kurnool
- M. Kubera Swamy, Secretary of Veterinary colony of Employees Welfare Association, Kurnool City, Live Stock Assistant, in office of the Animal Husbandry, Working at Rural Live Stock Unit, Gudipadu (V), Gudur (M), Kurnool Dist.
- E. Rama Krishna, Treasurer of Veterinary- colony of Employees Welfare Association, Kurnool City, Junior Veterinary Officer, in office of the Animal Husbandry, Working at Rural Live Stock Unit, Nannoor (V), Orvakla (M), Kurnool Dist.
Copy was made ready on:
Copy was dispatched on:
Copy was delivered to parties:
