BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.378/2013

DATED ON THIS THE 5^th February 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act, against the opposite parties, seeking a direction to issue khatha after receiving necessary charges and to collect the property tax and to pay compensation of `2,00,000/- towards the mental agony and `15,000/- towards litigation expenses with other reliefs.
2.     The opposite party No.1 society allotted a residential site and on receipt of entire sale consideration, executed a registered sale deed in favour of the complainant.  Subsequently, the request for issuance of the khatha in favour of complainant, was refused by opposite party No.2.  The complainant got issued the legal notices to both opposite parties, but the same were not replied nor complied.  The complainant unable to put up residential house in the schedule property suffered hardship and financial loss alleging the unfair trade practice by the opposite parties filed the complainant seeking compensation for the mental agony suffered.
3.     The opposite party no.1 though appear through its counsel not filed its objections.
4.     The opposite party No.2 filed its version belatedly, denying the allegations as false and prays for dismissal of the complaint with cost.
5.     The complainant lead her evidence by filing several documents.  The opposite party No.1 failed to lead evidence however, filed a memo along with documents.  The opposite party No.2 also failed to lead evidence.  The complainant filed written arguments and the opposite parties not filed written arguments.  On hearing the oral submissions by complainant counsel, matter posted for orders.
6.     The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service and unfair trade practice by opposite parties in not issuing the kahtha certificate and thereby she is entitled for the reliefs sought?
2.  What order?

7.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

8.    Point No.1:- The opposite party No.1 allotted a residential site bearing No.148, measuring 30’ x 40’ at ‘B’ Block, DTS Rao Layout, Satagalli Village, Mysuru Taluk, Mysuru on 30.08.2014, in favour of the complainant.  On receipt of the entire sale consideration, the opposite party No.1 got executed registered sale deed on 28.04.2006.  The opposite party No.1 had obtained the layout plan approved and had paid the prescribed fee to opposite party No.2.  The opposite party No.1 assured and declared that it had no objection in getting transfer of the khatha in complainant’s name in respect of the above mentioned site.  The opposite party No.1 had collected a further consideration of `1,80,000/- from the complainant, on various dates, after execution of the registered sale deed and acknowledged the receipt of amount by issuing receipts.  The complainant approached the opposite party No.2 requesting for issuance of khatha, the opposite party No.2 refused to issue the same giving lame excuses.  The complainant alleged that both opposite party Nos.1 and 2 have indulged in unfair trade practice and there is deficiency in service on their part.  The legal notice caused on 10.07.2013 was neither replied nor complied by both opposite party.  Further, the opposite party no.1 assured the complainant, that, there is no arrears of any dues to the opposite party No.2 authority, as such opposite party No.1 had no objection in getting issue the khatha certificate in favour of complainant.  Therefore, refusal to issue khatha in favour of complainant, amounts to unfair trade practice and deficiency in service on the part of opposite party No.2.  Without obtaining the khatha, the complainant is not able to pay the property tax and cannot apply for sanction of plan and license to put up a residential house since 2006, hence, both opposite party Nos.1 and 2 were alleged to be responsible for the hardship, inconvenience and mental agony caused and liable to pay the compensation for the same.
9.    From the above discussions, and on perusal of the documents placed on record, it is true that the opposite party No.1 had executed registered sale deed in favour of the complainant on receipt of the entire sale consideration and also got issued a no objection certificate in getting her transferring the khatha to her name.  It is also true that, the opposite party No.2 also got approved the layout plan on receipt of the admissible charges from the opposite party No.1.  Hence, the opposite party No.2 is bound to issue khatha in favour of the complainant without any delay and also liable to pay compensation for the deficiency in service, mental agony, hardship, financial loss caused. Accordingly, the point No.1 is answered partly in the affirmative.
10. Point No.2:- In view of the above observations, we hereby proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party No.2 is hereby directed to issue khatha certificate by collecting the prescribed fee, in favour of the complainant, within 30 days of this order.
3. The opposite party No.2 shall pay `50,000/- towards the deficiency in service and `10,000/- towards compensation for mental agony, hardship, and `2,000/- towards cost of the proceedings to the complainant, within 30 days of this order.
4. In default to comply, the opposite party No.2 shall pay penalty of `100/- per day, to the complainant until compliance made.
5. In case of default to comply this order, the opposite parties shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
6. Complaint against opposite party No.1 dismissed.
7. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 5^th February 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER