BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 30.08.2014
Date of Order : 29.02.2016
Shri. Cherian. K. Kuriakose, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 645/2014
Between
1. Bindu K. | :: | Complainants |
W/o R.N. Pradeep, residing at Njattuveettil House, U.C. College P.O. Pin – 683 102. 2. Jacob P. Paul Managing Trustee, Aluva Njanamandir Charitable Trust, (Regn. No.100/2012) East Kadungalloor kara, U.C. College P.O., Pin – 683 102. | (By Adv. Rajesh Vijayendran, 35/191, Automobile Road, Palarivattom, Kochi - 25) |
And
1. Kadungalloor Grama Panchayat Muppathadam, Ernakulam District, Pin – 683 110. Rep. by its President. 2. Secretary Kadungalloor Grama Panchayat, Muppathadam, Ernakulam – 683 110. | :: | Opposite Parties (By Advs. Sajeev Kumar K. Gopal and Roy Varghese, Vigneswara, Diwans Road, Palliyil Lane, Kochi – 16). |
| |
O R D E R
V.K. Beenakumari, Member
A brief statement of facts of this complaint is as follows:-
The 1st complainant Smt. Bindu is a house-wife and one among the trustees of Aluva Njanamandir Charitable Trust which is registered under the Charitable Societies Act. The 1st complainant is in possession and enjoyment of 26.01 Ares of land comprised in survey No. 229/8/3 in Kadungalloor Village as per sale deed No. 3471/2003 in Alangad Sub Registry. Subsequently the 1st complainant demarcated the plot having an extent of 2.83 Ares of land on the north-western corner of the property and had applied for a building permit from the opposite party Kadungalloor Grama Panchayat in order to construct a double storied residential building in the said 2.83 Ares of land. Building permit was granted by the panchayat, by 2nd opposite party on 08.05.2012 and the 1st complainant started construction of the building as per the approved plan and in compliance of the building permit. Meanwhile on 29.06.2012 the 1st complainant along with 6 other persons had formed a Trust as above for carrying out the activities envisaged by Shri Shri Ravisankar and the Art of Living Foundation. Subsequent to the formation of the trust, the 1st complainant executed a gift deed dated 03.05.2013 and delivered the possession of the above said land to the 2nd complainant together with the building permit and right to construct the building in the aforesaid property without any consideration. Thus the 2nd complainant came into possession of the aforesaid property with effect from 13.05.2013 and thereafter the 2nd complainant completed the construction of the building as per the approved plan and in accordance with the Building Permit issued by the opposite parties. Following the completion of the construction the opposite parties had issued a completion certificate and a possession certificate in the name of the 2nd complainant. The 2nd complainant along with the 1st complainant who is one of the trustees in the 2nd complainant Trust had also effected mutation in the above said property ad had paid tax pertaining to the said extent of property for the year 2014 – 15. Subsequently the complainant wrote a letter to the 2nd opposite party, Secretary of the Kadungalloor Grama Panchayat for numbering the newly constructed building and for the issuance of the ownership certificate. The numbering of the building and the ownership certificate are required to be produced before KSEB and KWA for procuring permanent electricity and water connection. The said letter along with the necessary documents were received by the opposite parties on 22.04.2014 and a receipt was issued to the complainants. Following the receipt of the request, the overseer of the Panchayat conducted a site inspection and he promised that the building would be numbered immediately and the ownership certificate would also be issued shortly. Thereafter the opposite parties demanded the complainants to remit Rs. 10,000/- towards fees for obtaining requisite certificate and when the complainant approached the opposite parties to remit the fees as aforesaid, it was conveyed that they would collect the money later. Thereafter the opposite parties were delaying the granting of the ownership without any justifiable reason. The newly constructed building yet to be numbered and the ownership certificate is yet to be obtained. The building could not be procured with a permanent electricity connection and water connection. The complainants are highly aggrieved by the inaction on the part of the opposite parties. It is submitted that the opposite parties did not raise any objection at any stage of construction or even after the completion of the said building. The inaction on the part of the opposite parties amounted to deficiency in service and the opposite parties after having collected the fees for issuing the building permit are duty bound to issue the completion certificate, occupancy certificate and to provide a number to the building on its completion. Having failed to meet the said requirements, the complainants seek direction of the Forum to the opposite parties to number the residential building and to provide ownership certificate in favour of the 2nd complainant with immediate effect and to grant a compensation to the complainants to the tune of Rs. 50,000/- with interest and costs of proceeding.
2. Notices were issued to the opposite parties and they appeared but did not file their version.
3. An interlocutory application filed along with the complaint was allowed by this Forum and the opposite parties were directed to number the building in favour of the 2nd complainant and to issue ownership certificate of the building to the 2nd complainant vide order in I.A. 707/2014 dated 27th October, 2014. Inspite of entered appearance and received the interim order, the opposite parties did not comply the interim order of this Forum. It is submitted that the failure on the part of the opposite parties to number the building and to provide the requisite ownership certificate even after issuing the completion certificate to the complainants for which the opposite parties are answerable.
4. Evidence in this case consists of the proof affidavit filed by the 2nd complainant and the documentary evidences marked as Exts. A1 to A7 on the side of the complainants. No evidence either oral or documentary, furnished by the opposite parties.
5. The case was posted for final hearing on 05.02.2016. The complainant's Counsel was present. He was heard.
6. On the pleadings of the complainants, the following issues
were settled for the consideration of this Forum :
i) Whether the complainant has proved deficiency in
service on the part of the opposite parties ?
ii) If so whether the complainants are entitled to get
the building numbered and to get the ownership of
the building ?
iii) Whether the opposite parties are liable to pay
compensation and costs to the complainants ?
7. Issue Nos. (i) and (ii) : The 1st complainant Smt. K. Bindu is a house-wife and one among the trustees of ' Aluva Njana Charitable Trust ' which is registered under the Charitable Societies Act with Reg. No. 100/2012 and the 2nd complainant Shri Jacob P. Paul is the Managing Trustee of the above said Charitable Trust. The 1st complainant is vested with title over and extent of 26.01 Ares of land comprised in survey No. 229/8/3 in Kadungalloor Village by virtue of sale deed No. 3471/2003 of Alangad Sub Registry Office and since then the 1st complainant is in possession and enjoyment over the said property. The 1st complainant demarcated a plot having an extent of 2.83 Ares of land on the north-western corner of the said 26.01 Ares of land and applied for a building permit from the opposite parties in order to construct a double storied residential building in the said 2.83 Ares of land and the 2nd opposite party granted a Building Permit bearing No. BA 26/11-12 on 08.05.2012 as evidenced by Ext. A1. Accordingly the 1st complainant started the construction of the building in accordance with the approved plan. In the meantime the 1st complainant along with 6 other persons created a Trust by name, “The Aluva Njanamandir Charitable Trust “ for carrying out the activities envisaged by Shri Shri Ravisankar and his Art of Living Foundation. The 1st complainant vide Ext. A2 gift deed dated 13.05.2013 delivered the possession of the aforesaid 2.93 Ares of land to the Trust together with building permit and the right to construct the building in the above said property and the Trust got possession of the aforesaid property and completed the construction of the building an a completion certificate was issued by the opposite parties and possession certificate vide Ext. A4 was issued to the 2nd complainant -Trust and a tax receipt dated 07.04.2014 was also issued as evidenced by Ext. A3. Thereafter the complainants along with Secretary and treasurer of the Trust placed Ext. A5 request letter dated 08.04.2014 to the 2nd opposite party to number the newly constructed building and to issue the ownership certificate to the trust and Ext. A6 receipt dated 22.04.2014 was simultaneously issued to the Trust by the Kadungalloor Grama Panchayat and the Overseer of the Panchayat conducted a site inspection and thereafter the opposite parties demanded an approximate amount of Rs. 10,000/- towards fees for obtaining the requisite certificate. The complainant approached the opposite parties to remit the said fee but it was not accepted for reasons know to the opposite parties only. Thereafter the opposite parties were delaying granting of ownership certificate and numbering of the building and the repeated efforts of the complainants to remit the fee failed due to the callous attitude of the opposite parties. The 2nd complainant has intimated the interim order of this Forum in I.A. No. 707/2014 dated 27th day of October, 2014 wherein the 2nd opposite party was directed to do the numbering of the building and to issue the certificate of ownership in favour of the 2nd complainant - the charitable trust. It is informed by the complainant's Counsel that the opposite parties not cared to comply the interim order issued from this Forum. The above fact goes to show the adamant and illegal attitude shown to the consumers and also the defiant attitude of the opposite parties to the orders of a Judicial Forum. We find not justification in not complying with the order of this Forum. In objection to the interim application the opposite parties submitted an objection that the permit was given to construct a residential building and the complainant constructed 2 big halls in the ground floor and in the 1st floor which is not in accordance with the permitted plan. In the instant case the opposite parties did not take any action against the complainants during the construction period. They could have stayed the construction if it is found against the permit granted to them. Here the entire construction was completed by the 2nd complainant and the 2nd complainant applied with all required documents for the ownership of the building constructed and for the issuance of the number to the building on 08.04.2014 and it was at this juncture the opposite parties declined to number the building and to issue certificate of ownership to the 2nd complainant -Trust. The required documents were also furnished by the 2nd complainant on22.04.2014. In the circumstance it is the bounden duty of the opposite parties to issue certificate of ownership of the building and to allot number of the panchayat to the completed building. We find the alienation of the landed property along with building permit by the 1st complainant is found legally valid since she is enjoying uninterrupted possession and ownership of the aforesaid landed property. In the circumstances, the complaint is found allowable and is therefore allowed in favour of the complainants with direction to number the new building and to issue the certificate of ownership to the 2nd complainant -Trust.
8. Issue No. (iii) : The complainants suffered severe mental agony and lot of inconveniences in view of the fact that opposite parties have not issued the panchayat number to the newly constructed building by the 2nd complainant – Trust. The trust could not get the water connection and electricity connection for want of building number. Thus the 2nd complainant is entitled to get compensation of Rs. 25,000/- towards compensation and Rs. 5000/- towards costs of proceedings.
9. In the result, the complaint is allowed in part and we give the following directions to the opposite parties :-
1. The opposite parties shall do the numbering of the newly
constructed building and issue certificate of ownership
in favour of the 2nd complainant -Trust within 30 days from
the date of receipt of a copy of this Order.
2. The opposite parties shall also pay Rs. 25000/- towards
compensation and Rs. 5000/- towards costs.
3. The 2nd complainant can, if necessary, take action under
section 25 or 27 of the C.P. Act, 1986 to execute the above
Order of this Forum.
Pronounced in the open Forum on this the 29th day of February, 2016.
Sd/- V.K. Beena Kumari, Member.
Sd/- Cherian. K. Kuriakose, President.
Sd/- Sheen Jose, Member.
Forwarded / By Order
Senior Superintendent
Date of Despatch of the Order :
By Hand :
By Post :
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 Exhibit A2 Exhibit A3 Exhibit A4 Exhibit A5 Exhibit A6 Exhibit A7 | :: | Building permit Gift deed Receipt Encumbrance certificate Application Receipt Letter to Secretary, Kadugalloor Grama Panchayat |
Opposite party's Exhibits :- Nil
Depositions :: Nil
