::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.81/2017.
Date of filing: 18.11.2017.
Date of disposal: 30.06.2018.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Mohan Rao S/o Late Ramchandra Rao Shinde,
Age: 65 years, Occ: Agriculture,
R/o Udamnalli, Tq:Humanabad Dist: Bidar.
( By Sri.P.M.Deshpande., Adv.)
VERSUS
OPPONENT/S: 1) Panchayat Development Office
Village Panchayat Udamnalli,
Tq:Humnabad Dist: Bidar.
(Exparte.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The complainant has filed this complaint u/s 12 of Consumer Protection Act 1986 alleging deficiency of service in the part of the opponent.
The following is the subject matter of his complaint:
2. That, the complainant is a senior Citizen, resident of village Udamnalli Tq: Humnabad Dist: Bidar having his residential property bearing No. II/41. The measurement of the properly is described in terms of yards and it contains an old house and vacant space.
3. The complainant, with an intention of fixation of boundary of his property, which would entail smooth approvals of the Panchayath for developments in future, has on several occasions approached the O.P. for demarcation and fixation of boundary. He has even paid the prescribed charges for such demarcation, inspite of which the O.P. is not taking any positive actions for which he is before us.
4. The O.P. even though served with the notice has not bothered to appear and participate in the case and has been placed exparte.
5. The complainant has submitted documents listed at the end of this order, filed his evidence affidavit and written arguments reiterating his complaint averments.
6. Since the O.P. is a state instrumentality, we were more circumspect dealing with the case and after the complainant submitted copies of two circulars of the Government of Karnataka numbered as UÁæC¥À/441/UÁæ¥ÀAD/2016 date:28.10.2016 and (¨sÁUÀ-3) UÁæC¥À/166/UÁæ¥ÀAD 2013 date:29.06.2013, we observe that, acting under Section 148 of Karnataka Land Revenue Act, 1964 and Land Revenue Rules 1966, the Government has delegated the powers to the Gram Panchayaths to conduct Survey of lands otherwise than agricultural lands.
7. In the instant case, the complainant has remitted the prescribed sum of Rs.100/- to conduct survey of his house site bearing No. II/41 in Udmnalli village vide Annexure-H and further has submitted a confirmation certificate issued by the Panchayath authorities vide Annexure-K.
8. In course of argument, the Ld. counsel for the complainant has brought to our notice a decision of Hon’ble National commission in R.P.No.2135/2000 in which it has been held that, citizens paying fees to obtain services from a Government agency would be regarded as Consumers absolutely and maintain a complaint before a Consumer Fora.
9. Herein the complainant has remitted fees for survey and demarcation of his house site to the Gram Panchayath, which on turn has been delegated such power by the State Government.
10. Therefore, a clear cut deficiency of service has arisen in the part of the Opponent and we proceed to pass the following:
ORDER.
- The complaint is allowed in part.
- The opponent is directed to survey, demarcate and fix the boundary marks of the property of the complainant bearing No.11/41 in Udmanalli Village, Humnabad Taluka Bidar District by requisitioning the services of surveyor (s) from the local Taluka office, if necessary;
- There would be no order as to costs or compensations.
- Four weeks time granted to comply this order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 30th day of June 2018).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A-House property tax receipts date: 08.04.2015 (Original).
- Annexure.B–Tax receipt date: 04.08.2013 (Original).
- Annexure. C– Tax receipt date: 02.04.2014 (Original).
- Annexure.D—Tax receipt date: 08.04.2015 (Original).
- Annexure. E– Copy of notice date: 15.10.2017 sent to the opponent.
- Annexure.F- Courier receipt (Original).
- Annexure.G- Copy of Aadhar Card.
- Annexure.H- Copy of General receipt remitting fees of survey and
demarcation date:12.04.2018. - Annexure.J - Copy of tax receipt 12.04.2018.
- Annexure. K- Conformation letter (copy) date:12.04.2018 of the opponent acknowledging Survey fees receipt.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Sri.Mohanrao S/o Ramchandra Rao (complainant).
Opponent No.1
-Nil-
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
