Karnataka

Chitradurga

CC/368/2019

Sri.H.Siddappa - Complainant(s)

Versus

Panchayathi Development officer - Opp.Party(s)

Sri.Thippeswamy.N

09 Aug 2019

ORDER

                         COMPLAINT FILED ON : 24/06/2019

                                                      DISPOSED ON:09/08/2019

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA

 

CC. NO.368/2019 DATED: 9th August 2019

 

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                   SRI. SHIVAKUMAR.K.N  :     MEMBER

                M.Com., LL.B.,

COMPLAINANT/S	Sri. H. Siddappa, S/o Basappa, Aged about 80 years, Stone Business, R/o Bharamasagara, Chitradurga Taluk. (Rep by Sri.N.  Thippeswamy, Advocate)
OPPOSITE PARTIES	1. Panchayithi Development Officer, Bharamasagara Grama Panchayithi, Chitradurga Taluk. 2. The Secretary,  Bharamasagara Grama Panchayithi, Chitradurga Taluk. 3. The President, Bharamasagara Grama Panchayithi, Chitradurga Taluk  (Rep by OP’s. Ex-parte)

 

SRI. T.N. SREENIVASAIAH: PRESIDENT

ORDER

The complainant has filed this complaint U/s 12 of C.P. Act 1986 against the OPs to direct for considered the order passed by the land tribunal, Chitradurga dated: 28/11/1988, with respect to Re.Sy. No.31 of Bharamasagara Village to an extend of  50X40 vacant site in favour of the complainant. L.R.M. NO. 9/82-83 Further complainant submitted that for  change the Khata as per Registered Partition deed  dated 28/10/2009 submitted  by the complainant. Further complainant claiming compensation of Rs. 3 lakh and such other reliefs.

2. The brief facts of the case:  That on 28/11/1998 the land Tribunal, Chitradurga granted the vacant site, in  L.R.M. NO. 9/82-83 to an extent  50X40 in Bharamasagara Village Re. Sy no. 31 in favour  of complainant and the OPs have changed the Khata of the said property in favour of the complainant on 05/02/1992 as per M.R. No. 49/91-92. Hence from the change of the Khata of the said property the complainant has paid the Khadayam to the OPs and constructed the building in this said place and running stone business. Further the complainant submits that on 28/11/2006 the complainant has issued an application for fixed the boundary of the said property, after received the application the Ops have on 27/12/2006 conducted the enquiry and Mahazer and entered the extant and Chekkubandi in DCB Register extract. Hence as per the rule the complainant has paid the Khadayam to the OPs with respect to said property. In this regard the OPs have issued a certificate of the Electricity connection with respect to the building constructed in the said property.

3. The complainant has issued an application for the change the Khata of the said property as per the partition deed dated 28/10/2009 held between the complainant families. But the Ops have not changed the Khata of the said property as per application given by the complainant with colluding local politicians by stating that Chekkubhandi of the said property not available.         In this regard on 31/10/2018 the complainant has issued requisition  to the Deputy commission of the Chitradurga, and Chief executive of the Chitradurga but the OPs have refused the changed the Khata of the said property with the pressure of Local politician and to  amend the original documents  with respect to the complainant.

4. It is further submitted that the OPs have done unfair trade practice and deficiency of service towards the complainant for not changed the Khata of the said property as per requisition by the complainant.  Due to his illegal and ill will acts and intents, the Complainant has fed up and suffered the financial loss and suffering from pain and mental agony. Further the complainant has suffered from loss for not to obtaining the loan from the bank authorities to develop the property.  It is apparently shows that there is a clear negligence, deficiency in service and defective services made by the OPs towards the Complainant.

5. The cause of action for filing the above said Complaint has arisen on 23/10/2018 and subsequent date on 14/05/2019 when the OPs have issue an endorsement at Bharamasagara village, Chitradurga District, which is within the Jurisdiction of this Hon’ble Court. 

6. After service of notice, OPs did not appear before this Forum and hence, placed ex-parte. 

7. Complainant himself examined as PW-1 by filing affidavit evidence and relied on documents Ex A-1 & A-22 and closed his side. 

 

8. Heard the arguments. 

 

9.     Now the Points that arise for our consideration for the decision of the complaint are that:-

Point No.1:-Whether the complainant proves that, the OPs have committed deficiency of service for the change the Khata of the property as per requisition of the same. And entitled for the reliefs as prayed in the complaint?

 

Point No.2:- What order?

10. Our findings on the above points are as follows.

 

        Point No.1:-Partly Affirmative.

        Point No.3:-As per the final order.

::REASONS::

11. Point No. 1:- That on 28/11/1998 the land Tribunal, Chitradurga granted the vacant site, in  L.R.M. NO. 9/82-83 to an extent of  50X40 in Bharamasagara Village Re. Sy no. 31 in favour  of complainant and the OPs have changed the Khata of the said property in favour of the complainant on 05/02/1992 as per M.R. No. 49/91-92. Hence from the change of the Khata of the said property the complainant has paid the Khandayam to the OPs and constructed the building in the said place and running stone business. That on 28/11/2006 the complainant has filed an requisition before the OPs for   fixe the boundary of the said property, after received the requisition the Ops have  conducted the enquiry and draw the Mahazer after that entered the extant and Chekkubandi in the DCB Register extract on 27/12/2006.  The complainant has paid the Khandayam to the OPs with respect to said property regularly. In this regard the OPs have issued a certificate of the Electricity connection with respect to the building constructed in the said property. Now the complainant is in possession and enjoyment of the above said property with any interruption. After that the complainant has devided the above said property between his children  under a registered partition deed the OPs have not changed the revenue entrees as per the partition deed dated 28/10/2009.

        12. Once the revenue entries mutated as per the orders of the Land tribunal the question of refusing to change the Khata in favour children of the complainant does not arise. As per registered partition deed it is bounden duty to change the Khata in favour of the beneficiary’s as per the partition deed. The question of the repudiation does not arise. Because the OPs have made an allegations that the boundaries of the above said property not mentioned in the Mutation registered extract. But the OPs have themselves change the Khata in favour of the complainant by inspect the spot and draw the Mahazar and also fix the boundary on 27/12/2006. The OPs have done unfair trade practice and deficiency of service towards the complainant for not change the Khata of the said property as per requisition by the complainant.  Due to this illegal and ill will acts and intents, the complainant has fed up and suffered the financial loss and suffering from pain and mental agony. Due to non-change of revenue entries as per the partition deed the complainant has suffered loss for not to obtain the loan from the bank authorities to develop the property.  It is apparently shows that there is a clear negligence, deficiency in service and defective services made by the OPs towards the Complainant.

        13.  We have gone through the entire documents and evidence of the complainant it clearly goes to shows that the complainant and That on 28/11/2006 the complainant has filed an requisition before the OPs for fixe the boundary of the said property, after received the requisition the Ops have conducted the enquiry and draw the Mahazer after that entered the extant and Chekkubandi in the DCB Register extract on 27/12/2006.  The complainant has paid the Khandayam to the OPs with respect to said property regularly. In this regard the OPs have issued a certificate of the Electricity connection with respect to the building constructed in the said property. Now the complainant is in possession and enjoyment of the above said property with any interruption. After that the complainant has divided the above said property between his children under a registered partition deed the OPs have not changed the revenue entrees as per the partition deed dated 28/10/2009. In this regard the complainant have suffered financial loss and mental agony. Hence point no.1 is held partly affirmative. And pass the following order.

Point No.2:- As discussed on the above point and for the reasons stated therein, we pass the following:

 

ORDER

 

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed.

It is ordered that, the OPs are hereby directed to effect the documents as per partition deed.  

It is Further, the OPs are hereby ordered to pay a sum of Rupees One lakh towards compensation to the complainant regarding with mental agony and loss of time.

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards cost of the proceedings. 

It is further ordered that, the Ops are hereby directed to comply the above said order within 30 days from the date of this order.

 

(This order is made with the consent of Members after the correction of the draft on 09/08/2019 and it is pronounced in the open Court after our signatures)

 

 

 

 

 

 

 

       MEMBER                                         PRESIDENT

 

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:-Complainant by filing affidavit evidence.

Documents marked on behalf of Complainant:

1	Ex-A-1:-	Order of land tribunal dated 28/11/1988
2	Ex-A-2:-	DCB Register extracts
3	Ex-A-3:-	Requisition letter dated 28/11/2008
4	Ex.A-4:-	DCB Register extracts.
5	Ex.A-5:-	Khadayam receipts.
6	Ex.A-6:-	Registered partition deed dated 28/10/2009
7	Ex-A-7:-	E.C.
8	Ex-A-8 to 10:-	Letter dated 03/07/2017, 22/02/2018, 01/08/2017
9	Ex-A-11:-	Letter dated 14/08/2015 by PDO Grama Panchayath, Bharamasagar
10	Ex.A-12:-	Letter dated 22/10/2018 by complainant.
11	Ex.A-13:-	Endorsement by PDO Grama Panchayath, Bharamasagar
12	Ex.A-14:-	O.M. dated 22/03/2018 by Taluk Panchayath, Chitradurga
13	Ex-A-15:-	Letter dated 14/12/2015 by complainant.
14	Ex-A-16:-	Latter dated 03/01/2018 by complainant.
15	Ex-A-17:-	Latter dated 16/06/2015
16	Ex.A-18 to 22:-	Latters dated 16/11/2018, 13/06/2019, 14/05/2019, 31/10/2018 and 27/01/2017

 

Documents marked on behalf of OPs Nil

 

 

 

MEMBER                                          PRESIDENT