DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA
CONSUMER COMPLAINT CASE NO. 33 OF 2016
Paramjit Singh,
S/O: Late Doulatram Chhatra,
R/O: Gouri Shankar Mandir Road
Near Agrah Bhawan, Raigarh,
PO/PS/Dist-Raigarh,Chhatisgarh……………….……..……..……. Complainant.
Versus
- Sub-Registrar-Cum-Tahasildar, Lakhanpur Tahasil,
Dist: Jharsuguda, Odisha.
- District Registrar-Cum-Additional District Magistrate,
Dist: Jharsuguda, Odisha.
- Inspector General of Registration,
Bhubaneswar, Odisha….…….………………..................... Opp. Parties.
Counsel for the Parties:-
For the Complainant Sri P.R.Singhdeo, Adv. & Associates.
For the Opp. Parties Sri M.K.Tiwary, Govt. Pleader.
Date of Order: 06.03.2017
Present
1. Shri S.L. Behera, President.
2. Shri S.K.Ojha, Member.
3. Smt. A.Nanda, Member (W).
Shri S.L.Behera, President : - The complainant’s case in brief is that, the complainant has purchased a plot of land having area of Ac. 3.91 dec. out of M.S Khata No.33 of Mouza- Kanaktora under Lakhanpur Tahasil through a registered Sale Deed vide No. 10871200081 dtd.15.02.2012 from one Tirtha Barik son of Meghnath Barik of village Badimal post- Kanaktora, District Jharsuguda. The complainant has paid the required stamp duties and registration fees to the O.P.NO.1 but the O.P.No.1 has not released the registered sale deed of the complainant till date despite several requests, hence this case.
Being noticed through this Forum, the O.Ps appeared and filed written version through the Government Pleader. The O.Ps. submitted that one Tirtha Barik son of Meghnath Barik of village Badimal post- Kanaktora, District -Jharsuguda has put up a sale deed for an area of Ac. 3.91 dec. on dt.15.02.2012 for registration in favour of
the complainant where the said Tirtha Barik (vendor) has paid the requisites stamp duties and registration fees of Rs.40,745/- only and Rs.22,148/- only to the O.Ps. for registration purpose of sale deed. Due to non-submission of the original voter identity card form the said vendor and complainant the O.Ps. have not released the Sale Deed and mentioned various letters of the concerned higher authorities of the O.Ps. The O.Ps. deny all the allegations made by the complainant and prayed to dismiss the complaint case.
Heard from both the parties and perused the case record including materials available. The O.Ps have filed several letters of their higher authorities such as letter of the Inspector General of Registration, Orissa, Cuttack dtd. 19.01.2010, letter of Additional Chief Secretary dtd. 25.04.2014 and letter of Additional Chief Secretary to Government dtd. 17.11.2014 on following up the procedures for producing of necessary documents while registering the property.
This case requires voluminous facts and witnesses to arrive on any conclusion for resolving the matter which this Hon’ble Forum based on adopting summary procedures. Hence, we are in considered opinion to dismiss the complaint case with liberty to file the case in the proper court of law.
Accordingly the case is disposed of.
Order pronounced in the open court today on this the 06th of March’ 2017 copy of this order shall be communicated to the parties as per Rule.
I Agree. I Agree
S.K.Ojha, Member A. Nanda, Member (W) S.L.Behera, President
Dictated and corrected by me.
S.L.Behera, President