DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: BHADRAK
Dated the 19th day of October, 2020
C.D Case No. 50 of 2018
Present 1. Shri Raghunath Kar, President
2. Shri Basanta Kumar Mallick, Member
3. Afsara Begum, Member
Smt. Sanjukta Mallick
W/o Akhaya Kumar Mallick
Vill: Sankarpur,
Po: Bhadrak,
Ps: Purunabazar,
Dist: Bhadrak, Odisha
……………………. Complainant
(Versus)
State Of Odisha, Represented by
1. The Collector, Bhadrak
At/Po/Ps/Dist: Bhadrak
2. The Tahasildar, Bhadark
At/Po/Ps/Dist: Bhadrak
……………………..Opp. Parties
Counsel For Complainant: Sri S. Barik, Adv & Others
Counsel For the O.Ps: Sri B. Mohanty, G.P
Date of hearing: 30.04.2019
Date of order: 19.10.2020
RAGHUNATH KAR, PRESIDENT
This dispute arises out of a complaint filed by the complainant alleging deficiency of service and unfair trade practice against the O.Ps.
The facts of the case as narrated in the complaint are to the effect that the land described schedule below was originally belonging to 01 – Narayan Mallick, S/ O- Late Murali Mallick who alienated the scheduled land below in favour of the complainant vide. Regd. Will Nama Patra bearing No.3 executed on Dt. 31.12.1991. The complainant mutated the schedule land below in her name vide. Mutation case No. 2247/92, as well as she obtained a rent receipt on payment of the rent. Her name has been reflected in the Tenants ledger. But in the office of the o.p No.2 the ROR is still recorded in the name of Narayan Mallick, S/O. Late Murali Mallick. Although the aforesaid mutation case has already been allowed in favour of the complainant since 1992. But till now the o.p No.2 has not been corrected the ROR of schedule land below which still stands recorded in the name of Narayan Mallick. The complainant could not able to avail the benefits of the Govt. It is the duties of the o.p No.2 to prepare up to date the Tenants ledger, but due to the negligence of the o.p No.2 the Tenancy ledger of the complainant could not be corrected yet. The o.p No.2 has caused deficiency of service and mental agony towards the complainant.
Hence the complainant has sought for the following reliefs -:
- The o.ps be directed to rectify the Tenancy ledger in respect of schedule land below.
The o.ps be directed to compensate to the complainant RS.10, 000/- towards mental agony and harassment.
SCHEDULED LAND
DIST- Bhadrak, Tahasil – Bhadrak
Mouzakhata No.plot No.Area.
Apartibindha 371 1571 A0.460 dcml.
Documents relied upon by the complainant
- Regd. Deed No. 3 Dt. 30.12.1991
M.S.R.O.R No. 371 of Mouza – Apartibindha
- Rent Receipt
- Advocate Notice Dt. 01.05.2018
OBSERVATION
We have already gone through the facts of the complaint as well as the documents filed by the complainant. The o.ps have appeared in this commission but neither filed W/V nor any documents, so they have been set ex-parte. The complainant has filed a Xerox copy of rent receipt in the year of 2017 and 2018 in respect of the scheduled land, in which the name of the complainant has been reflected in the office of the R.I Ledger. The complainant has paid the rent thereof. But the complainant has alleged that, no T.L has been prepared in the office of the o.p No.2. As the concerned Tahsildar Bhadrak, the o.p No.2 has not prepared the T.L in the name of the complainant. The rent receipt is such a document which proves payment of rent in respect of the suit land and having possession over the same. The o.p No.2 should have prepared the T.L in favour of the complainant. This is the deficiency of service caused by the o.p No.2. On the other hand the complainant has also issued a legal notice through his concerned advocate to the o.p No.1 as well as the o.p No.2. Both the o.ps paid no heed towards the grievance of the complainant. The legal notice was issued to both the o.ps on Dt. 01.05.2018. Although the complainant is paying the rent in respect of the scheduled land, but both the o.ps have failed to rectify the T.L according to the ledger of the office of the R.I. Hence it is ordered;
ORDERE
The complaint be and the same is allowed on part on ex-parte without cost. The O.Ps are here by directed to rectify the T.L in favour of the complainant in respect of the schedule land below. The O.Ps are hereby directed to carry out the order within thirty days from the date of receiving the copy of the same.
This order is pronounced in the open Forum on this day of 19th October, 2020 under my hand and seal of the Forum.
SCHEDULED LAND
Dist.- Bhadrak, Tahasil – Bhadrak
MouzaKhata No.plot No.Area
Apartibindha 371 1571 A0.460 dcml
