By Sri. MOHANDASAN.K, PRESIDENT
The complaint under section 12 of the Consumer Protection Act 1986.
1. The complaint is filed against the secretary of the gram panchayat of Kuttipuram alleging deficiency in service ie non-providing of service and also denial of service. Complainant alleges the act of the opposite party is irresponsible, illegal and also actionable. The complainant narrated certain incidents to establish his complaint.
2. The complainant filed an application before the opposite party as A3-6028 on 16/08/2019 and a receipt was issued mentioning the date of service to be provided on 30/09/2019. The complainant alleges the opposite party though contacted several times no service provided and also there is no communication about the application.
3. The complainant approached opposite party for obtaining building number on 31/01/2019 and the application numbered as A6-551. The receipt was also received stating the date of service as 19/02/2019. No service or information has been provided to the complainant though a report of AE dated 31/08/2019 was received by the opposite party. The complainant compelled to issue a reminder on 07/07/2019. The complainant received a notice in spite of the service on 10/10/2019 numbered as A3-551/2019, which is illegal according to the complainant. As per the circular issued by the local self-government department on 13/08/2018 as 406/R.A.1/2018, there is no permit is required in case of construction completed buildings on or before 30/12/2017. The complainant had applied for building permit in respect of construction of a commercial building in R.S.161/1A comprised in 41.81 cents of land owned by complainant and his brother in Kuttipuram, Village. The complainant remitted Rs.14,597/- as building permit fee as per advice of opposite party on 17/02/2014. But the opposite party issued a notice on 16/01/2016, on the basis of complaint that the complainant and his brother doing illegal construction work. The complainant properly explained the fact that the construction is as per law and with the permission of the gram panchayat and thereafter complainant approached to get renewal of permit. On 03/03/2017 complainant remitted Rs.1,661/- and the permit was renewed also.
4. The complainant caused lawyer notice on 16/10/2019 demanding allotment of number as per government circular but there was no reply from the opposite party.
5. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed version in detail.
6. The opposite party denied the allegations of the complainant and submitted that the application submitted by the complainant before the opposite party was prior to completion of the construction work of the building. Complainant approached the opposite party without completing the work for ground floor and demanded to provide number to the building. The prayer of the opposite party is that the complaint is filed without any bonofidies and the opposite party may be exonerated from the proceedings.
7. The opposite party submitted that as per A3/6028 application the opposite party issued certificate changing the owner ship of the building in respect of building number 15/189A. The opposite party issued numbers 17/764C, 17/64D, 17/764 F, 17/764J, 17/764J1, 17/764/J2, 17/764/J3, 17/764/J4, 17/764J5, and 17/764J6 as per application number A6/551. The delay caused since the land as per revenue records it is “Nilam” and so an order from RDO was required. Thereafter as per the order by Hon’ble High court the complainant approached the opposite party and accordingly the number was given to the complainant. The opposite party submitted that instead of taking appropriate steps regarding the nature of land the complainant approached the opposite party and so the opposite party was not in a position to sanction the application. The allegation that the opposite party issued lawyer notice on 10/10/2019 denying the service to the complainant is not correct. The complainant was allowed the number as per the order of Hon’ble High court.
8. The opposite party admitted that the complainant approached for building permit in 41.81 cents of land comprised in R.S 161/1A of Kuttipuram , Village on 25/11/2013 is correct. The opposite party also admitted that the complainant remitted building permit fee Rs.14,597/- on 17/02/2014 and accordingly the opposite party issued building permit also. The allegation of the complainant that he was served a notice by opposite party on 16/01/2016 against unauthorized construction in 41.81 cents of land is correct, since the land was as per revenue records included as “Nilam” and a complaint was received by the opposite party. The complainant issued a reply notice explaining the legal backing of construction work on 19/01/2016 and the opposite party received an application to renew the permit is admitted by the opposite party . The opposite party issued renewed permit on receipt of Rs.1061/- on 03/03/2017. The opposite party contended that the number was given to the complainant as prayed and the opposite party suffering hardship and mental agony due to the complaint from the side of complainant. Hence the prayer of the opposite party to exonerate the opposite party from the proceedings.
9. The complainant filed affidavit and documents. The documents on the side of complainant is marked as Ext. A1 to A22. Ext. A1 is copy of application for ownership certificate dated 16/08/2019. Ext. A2 is copy of service receipt inward number 6028 dated 16/08/2019. Ext. A3 is copy of application for numbering the building dated 31/01/2019. Ext. A4 is copy of acknowledgement dated 31/01/2019. Ext. A5 is copy of notice issued by complainant to the AE Kuttipuram gram panchayat dated 07/07/2019. Ext. A6 is copy of report of A E dated 31/08/2019. Ext. A7 is copy of notice A3/551/2019 dated 10/10/2019 issued by opposite party to the complainant. Ext. A8 is copy of circular of local self-government department dated 13/08/2018. Ext. A9 (series) is copy of inward number 22258 dated 25/11/2013. Ext. A10 is copy of receipt for building permit fee dated 17/02/2014. Ext. A11 is copy of building permit dated 01/02/2018. Ext. A12 is copy of notice issued by opposite party to the complainant dated 16/01/2016. Ext. A13 is copy of inward number 593 dated 19/01/2016. Ext. A14 is copy of inward number 302 dated 16/01/2017. Ext. A15 is copy of cash receipt dated 03/03/2017. Ext. A16 is copy of building permit receipt dated 17/02/2014. Ext. A17 is copy of notice issued by opposite party to the complainant as number 551 dated 16/10/2019.Ext. A18 is copy of circular dated 24/06/2019. Ext. A19 is copy of lawyer notice dated 16/10/2019. Ext. A20 is copy of cash receipt issued by opposite party to the complainant dated 18/12/2019. Ext. A21 is copy of order in WP©30443 of 2019 (E) OF Hon’ble High court of Kerala dated 22/11/2019. Ext. A22 is copy of order in WP©3400/2021 of Hon’ble High court of Kerala added 23/03/2021. The opposite party did not file affidavit or documents.
10. Heard complainant, perused affidavit and documents. Following point’s arise for consideration.
1) Whether there is any deficicneny in service on the part of opposite party?
2) Relief and cost?
11. Point No.1
The grievance of the complainant is that there was no proper, effective, due service from the part of opposite party. The complainant described several incidents of personal experiences regarding deficiency in service. Complainant approached opposite party on 16/08/2019 to change the owner ship and the opposite party issued an acknowledgement to provide the service on 30/09/2019. On 31/01/2019 complainant submitted an application for building number and it was under taken to provide service on 19/02/2019. Complainant also mentioned certain other occasions he applied for service but it was not provided and some occasions it was denied also.
12. In this complaint the opposite party did not file affidavit as part of evidence. But the opposite party filed version with certain documents. The specific allegation of the complainant is that the opposite party denied or delayed service to the complainant. The version of the opposite party is silent regarding the date on which the service was provided to the complainant. The delaying of service also amounts denial of service. In this complaint the complainant filed an application as A6-551 on 31/01/2019 to allow building number which is marked as Ext. A3. Ext. A4 is the receipt issued which shows that the service will be provided on 19/02/2019. The opposite party contented in the version that they had issued building numbers 17/764C, 17/64D, 17/764 F, 17/764J, 17/764J1, 17/764/J2, 17/764/J3, 17/764/J4, 17/764J5, 17/764J6. Ext. A19 is a lawyer notice dated 16/10/2019 issued to the opposite party for the same purpose ie to issue building number. Ext. A7 is a notice issued by the opposite party dated 10/10/2019. As per that notice there is a defect noted as ടി കെട്ടിട നിര്മ്മാണം പൂര്ത്തികരിച്ചിരിക്കു¼ കുറ്റിപ്പുറം വില്ലേജിലെ 161/1A-7, 161/1A-6 സര്വ്വേ നമ്പറില്പ്പെട്ട 6.33 ആര്സ് വസ്തു റവന്യൂ രേഖകളില് നിലം എന്ന് രേഖപ്പെടുത്തിയിരിക്കു¼തിനാല് ടി കെട്ടിടത്തിന് നമ്പര് അനുവദിക്കു¼തിന് ബഹു: ആര്.ഡി.ഒ യുടെ അനുമതി ആവശ്യമാണ്. So it can be seen that an application was submitted before the opposite party on 31/01/2019 and the opposite party issued a letter on 10/10/2019 mentioning defects for considering the application dated 31/01/2019. The defect shown is nothing but as per land involved in the revenue records it is “Nilam”. Hence permission of RDO is required. It can be perused that the opposite party could have mentioned the defects at earliest opportunity which never require a time of nine months. The delay in providing service from the opposite party is apparent from the documents Ext. A3, A7 and A19. Regarding other allegations also there is no proper explanation for the inordinate delay in providing service. So the Commission is of the view that there is deficicneny in service and we find first point accordingly.
13. Point No.2
The complainant approached opposite party for his legitimate right. But the opposite party without proper reason delayed the service which he is liable to provide. He is bound to provide his service within a reasonable time and that is why a reasonable time noted slip is providing to the complainant. It is certain that all applications cannot be processed within stipulated time but in all occasions there must be a sufficient explanation for the delay. The opposite party totally failed to explain why the delay caused in providing the service to the complainant. An application submitted on 31/01/2019 stands not considered on 10/10/2019 which the opposite party could have informed the complainant within a reasonable time. The act of the opposite party results financial and mental agony to the complainant. He was dragged to the Hon’ble High court to get a relief from the opposite party. So the opposite party is liable to pay compensation on account of deficiency in service and thereby caused mental agony and financial loss and also other inconveniences to the complainant. We consider Rs.20,000/- will be a reasonable amount considering the nature of deficiency committed by the opposite party. The opposite party is also liable to pay Rs.5,000/- as cost of the proceedings. Hence we allow the complaint as follows:-
- The opposite party is directed to pay Rs.20,000/- (Twenty thousand rupees only) as compensation on account of deficiency in service and thereby caused hardships ad inconveniences to the complainant.
- The opposite party is also directed to pay Rs.5,000/- (Five thousand rupees only) as cost of the proceedings.
The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the complainant is entitled 12% interest on entire above said amount from the date of this order till realization.
Dated this 17th day of February, 2022.
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext.A1 to A22
Ext.A1: Copy of application for ownership certificate dated 16/08/2019.
Ext.A2: Copy of service receipt inward number 6028 dated 16/08/2019.
Ext A3: Copy of application for numbering the building dated 31/01/2019.
Ext A4: Copy of acknowledgement dated 31/01/2019.
Ext A5: Copy of notice issued by complaint to the AE Kuttipuram gram panchayat dated
07/07/2019.
Ext.A6: Copy of report of A E dated 31/08/2019.
Ext.A7: Copy of notice A3/551/2019 dated 10/10/2019 issued by opposite party to the
complainant.
Ext A8: Copy of circular of local self-government department dated 13/08/2018.
Ext A9: (series) are copies of inward number 22258 dated 25/11/2013.
Ext A10: Copy of receipt for building permitted fee dated 17/02/2014
Ext.A11: Copy of building permit dated 1/02/2018.
Ext.A12: Copy of notice issued by opposite party to the complainant dated 16/01/2016.
Ext A13: Copy of inward number 593 dated 19/01/2016.
Ext A14: Copy of inward number 302 dated 16/01/2017.
Ext A15: Copy of cash receipt date 03/03/2017.
Ext.A16: Copy of building permit receipt dated 17/02/2014.
Ext.A17: Copy of notice issued by opposite party to the complainant as number 551 dated
16/10/2019.
Ext A18: Copy of circular dated 24/06/2019.
Ext A19: Copy of lawyer notice dated 16/10/2019.
Ext A20: Copy of cash receipt issued by opposite party to the complainant dated
18/12/2019.
Ext A21: Copy of order in WP©30443 of 2019 (E) OF Hon’ble High court of Kerala
dated 22/11/2019.
Ext A22: Copy of order in WP©3400/2021 OF Hon’ble High court of Kerala added
23/03/2021.
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Nil
MOHANDASAN.K, PRESIDENT
PREETHI SIVARAMAN.C, MEMBER
