BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI Dated this the 31st day of October, 2009
Present: SRI.LAIJU RAMAKRISHNAN PRESIDENT SMT.SHEELA JACOB MEMBER SMT.BINDU SOMAN MEMBER
C.C No.171/2009 Between Complainant : Aleyamma Varghese, Kochuparambil House, Sanyasiyoda P.O, Kallar – 685 552, Idukki District. And Opposite Party : The Secretary, Pampadumpara Grama Panchayath, Pampadumpara P.O, Idukki District. O R D E R SMT.SHEELA JACOB(MEMBER)
The complainant is an agriculturist having 1.78 acres of property in Karunapuram Village with residence No.180 in Ward No.5 of Pampadumpara Grama Panchayath. The complainant paid Rs.5/- in opposite party's office on 5.06.2009 for getting ownership certificate, but the complainant did not get the same. Though the complainant enquired the matter in opposite party's office on several times, but they did not do anything saying that they have noting to do. On 29.06.2009, the complainant sent a notice to the opposite party, but they did not give any reply. Alleging deficiency in service, the complaint has been filed for a direction to the opposite party to issue the ownership certificate and also to pay compensation for mental agony.
2. The opposite party is ex-parte and no written version has been filed.
3. The complainant was examined as PW1 and Exts.P1 to P4 were marked on the side of the complainant.
4. The point for consideration is whether there was any deficiency in service on the part of the opposite party, and if so, for what relief the complainant is entitled to?
5. The POINT :- It is under dispute that the complainant had applied for the ownership certificate. The opposite party was not inclined to grant the ownership certificate. The complainant was examined as PW1. Ext.P1(series) are the copy of title deeds of the property which were executed on 30.04.1983 and on 2.08.1997. Ext.P2 is the copy of the land tax receipt. Ext.P3 is the copy of the application dated 5.09.2006 affixed court fee stamp worth Rs.5/-. Ext.P4 is the copy of the notice dated 29.06.2009 sent to the opposite party. PW1 stated that she did not get the ownership certificate. If actually the opposite party was not inclined to grant the ownership certificate they would have informed the complainant then and there when the application was filed. Under the given circumstances and the evidence, the apprehension of the complainant is highly justified. So we find gross deficiency in service on the part of the opposite party in refusing the ownership certificate. So we think that it is fit to direct the opposite party to issue the ownership certificate. The complainant has stated as PW1 that she had to undergo severe mental agony. So she is also entitled to the cost of this petition which we would limit to Rs.1,000/-.
In the result, the petition allowed. The opposite party is directed to issue the ownership certificate to the complainant within one month from the date of receiving this order and to pay Rs.1,000/- as cost of this petition within 30 days of receipt of a copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 31st day of October, 2009
Sd/- SMT.SHEELA JACOB(MEMBER)
Sd/- I agree SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/- I agree SMT.BINDU SOMAN(MEMBER) APPENDIX Depositions : On the side of Complainant : PW1 - Aleyamma Varghese On the side of Opposite Party : Nil Exhibits: On the side of Complainant: Ext.P1(a) - Photostat copy of Title Deed dated 30.04.1983 Ext.P1(b) - Photostat copy of Title Deed dated 2.08.1977 Ext.P2 - Photostat copy of land tax receipt for Rs.65/- Ext.P3 - True copy of complainant's application dated 5.06.2009 addressed to the opposite party Ext.P4(a) - Courier Receipt Ext.P4(b) - Photocopy of Notice dated 29.06.2009 issued by the complainant to the opposite party On the side of Opposite Party: Nil | 
