J U D G E M E N T
Sri Biswanath De, Ld. President.
The case of the complainant is that the complainant has constructed one storied pucca building. Building Plan processing fees was given to the Siliguri Municipal Corporation. The complainant was unable to construct two floor at a time. Thereafter, the complainant again applied to the SMC for renewal of the same building plan and the Siliguri Municipal Corporation has renewed the building plan till the year 2011. But the complainant again failed to complete the construction of second floor. In the year 2014 in the month December, 2014, the complainant has again submitted his building plan and site plan newly for the renewal in Siliguri Municipal Corporation as the complainant
Contd…….P/2
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wanted to construct second floor of the building. The Siliguri Municipal Corporation has taken the original site plan and building plan of the complainant after verifying all the documents. Then after the Siliguri Municipal Corporation has asked the complainant to come after some days. Till now the Siliguri Municipal Corporation has not sanctioned the building plan. The complainant went to the Siliguri Municipal Corporation for many times for sanction of plan, but the same was not passed. The complainant states that Siliguri Municipal Corporation sanctioned plan in the year 2005-06 and the plan was renewed in the year 2011. It is further case of the complainant that complainant had a partition suit with his brother bearing Suit No.26/09. But till date, the case is no more it has been disposed of (vide para 17 of Written Argument). But in spite of passing three months, the complainant did not get his sanctioned plan, hence this case.
The OP Nos.2 & 3 appeared and filed written version denying inter-alia all the material allegations as raised by the complainant. OP Nos.2 & 3 have stated that the statements of the complainant are misleading in as much as the land of the complainant has not been partitioned by metes and bounds and the complainant has suppressed the fact the partition suit has been decreed in preliminary form on 02.07.2014, amongst the complainant and his brother. In the said judgement dated 2nd July, 2014, Ld. Civil Judge, Senior Division, Siliguri while deciding issue no.3 (whether the plaintive is entitled to get decree as prayed for ?) has categorically held that “neither from the evidence nor from the document, it transpires that oral partition had taken place”, and further has also held that “it is settled principle of law that co-owner cannot construct building on the land without the consent of other co-owners, and for proper enjoyment of the suit land and also to ensure equitable division of allotment of properties between the plaintive and the defendant so that the plaintive is not deprived from enjoyment and proper use of the suit property, the suit land is required to be partitioned by metes and bound among the plaintive and the defendant”.
It is also stated by the OP that complainant never submitted any site plan nor deposition any fees. There is no cause of action. Hence, the case may be disposed of as the complainant has come before this Forum to get an order by suppression of material fact.
The complainant filed a bunch of documents without marking Annexure A, B, C, D, E & F as shown in the first page of list of documents.
Contd…….P/3
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OP has filed the following documents :-
1. Photocopy of letter from Siliguri Municipal Corporation to Sri Bhupendra Nath Das dated 20.01.2015.
2. Photocopy of Final Judgement order sheet dated 02.07.2014 which speaks itself as stated herein before.
Complainant has filed Khajna Dakhila, Tax payment to Siliguri Municipal Corporation, one paper appears to be Site Plan dated 27.10.2005, Jalpaiguri Division. Miscell1neous Receipt dated 13.01.2006, No. 1974. Form of obtaining information dated 03.01.05.
One letter dated 20.01.2015 passed by Siliguri Municipal Corporation which runs as follows :-
“With reference to your letter as above, this is to inform you that as per our records, no Building Plan nor any fees for renewal of Building Plan in respect of Sri Bhupendra Nath Das have been submitted to the Borough Office No.III, Siliguri Municipal Corporation”.
Points for decision
1. Whether there is deficiency in service on the part of the OPs ?
2. Whether the complainant is entitled to get any relief as prayed for ?
Decision with reason
Complainant has stated that he had submitted building site plan newly for renewal. OPs in their Written Version and evidence stated that no such plan and fees have been received by them. More over from one letter submitted by the complainant and the Siliguri Municipal Corporation dated 230.01.2015 shows that no Building Plan nor any fees for renewal of Building Plan in respect of Sri Bhupendra Nath Das have been submitted to the Borough Office No.III, Siliguri Municipal Corporation. Further more from the judgement filed by the OPs shows that decree in the preliminary decree has been passed by Ld. Civil Judge, Senior Division, Siliguri on 02.07.2014. The complainant has approached before this Forum 20.01.2015. Accordingly, in the written version OPs have rightly stated that complainant has approached before this Forum after suppression of facts.
No occupancy certificate has been filed by the complainant regarding constructed portion and no receipt of fees for renewal of plan has been filed by the complainant.
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On the premise above, and on the premise of argument of both sides and complaint and Written Version and documents therein pertaining attention to the facts which inspires complainant to approach before the Forum to get an order in his favour is unable to stand on leg as such after strong deliberation over the relevant laws of Municipality also particularly paying attentions to this facts, we are of strong conviction that case is not proved as per allegation of complainant against the municipality. As such the case fails.
Hence, it is
O R D E R E D
that the Consumer Case No.29/S/2015 is dismissed on contest but without any cost.
Let copies of this order be supplied to the parties free of cost.
-Member- -President-
