Orissa

Rayagada

CC/120/2014

Sri Kishor Kumar Sahu - Complainant(s)

Versus

Tahasildar, - Opp.Party(s)

19 Aug 2016

ORDER

 

DISTRICT   CONSUMER DISPUTES    REDRESSAL FORUM, RAYAGADA,

                                                  C.C. Case No.120/ 2014.                              

 

 P R E S E N T .

 

Sri Pradeep Kumar Dash, LL.B                                                President.

AND 

Sri Gadadhara Sahu,B.Sc.                                                       Member

 

Sri Kishore Kumar Sahu, S/o Simhadri Sahu, Resident of Raniguda farm, Rayagada, Po/Ps/Dist. Rayagada.                                                                        ………….Complainant

                                                Versus

 

1. Tahasildar, Rayagada, Po/Ps/Dist. Rayagada.
2. M/s Gajapati  Estates Pvt. Ltd., through its M.D, Sujit Kumar Patra,Gandhinagar,7^th line, Berhampur, Ganjam.        .….Opp.Parties

 

For Complainant:   In Person

For Opp.Party 1 : Sri Y.Madhu Sudhan Rao,A.G.P,Rayagada.

For the O.P. 2: Self

               JUDGMENT

 

            The brief facts of the case is that the complainant has purchased a plot from the Opp.Party No.2 and deposited the conversion money with the OP 1 to get the gharabari patta  but  though the conversion fees  as per law is paid  the lands were not yet converted  for which  the complainant is not able to  get  gharabari patta in his favour  and due to the said fact the complainant is not able to construct a house in the said plot. Hence, prayed to direct the OP 1  to do the needful as per law  and award monetary compensation  and other award cost of litigation and such other relief as the forum deem fit and proper.

                        Being noticed the O.P. 1 appeared through their Counsel and filed their written version inter alia denying their petitions allegations on all its material particulars. Though the OP 2  appeared  but not  shown interest to file written version as such the OP 2 was set exparte. It is submitted by the OP 1 that the complainant is not a consumer  and the subject matter of the dispute does not come under the provisions of the C.P.Act,1986 as such the Forum  should not have entertained the petition and should have rejected the complaint  on the rounds of lack of jurisdiction.  The OP 1 is neither  trade4 nor service provider and that the complainant is also not a consumer within the meaning and ambit   enunciated in the C.P.Act,1986. Neither the petitioner nor the OP 2 have deposited any amount with the OP1 for conversion of their agriculture lands in to homestead under section8(1) © of the O.L.R Act .The OP1 suo moto initiated proceedings under Section 8(1)© of the OLR Act vide OLR Case No.335/2007 against one Indira Anumul and Nabakeswar Rajgugu Mahapatra for conversion of their agricultural lands covered under Khata No.1/2 and 1 of Mouza Sunkarimettu in to homestead before the OP 1.  The complainant did not come with clean hands to the forum and he has no cause of action to file this case and his claim of monetary compensation is false and not maintainable and OP 1 is not liable to compensate the complainant in any manner.

                        We perused the complaint petition, documents and written version filed by the parties and heard the argument from the complainant and the Counsel for the Opp.Party. The Counsel  for the Op vehemently  argued that  the complainant is not a consumer  and the subject matter of the dispute does not come under the provisions of the C.P.Act,1986 as such the Forum  should not have entertained the petition and should have rejected the complaint  on the rounds of lack of jurisdiction . On the other hand, the complainant argued that as the Consumer Protection Act is a benevolent legislation and as an additional remedy available to the consumer, as such as per Section 3 of the C.P.Act the complaint petition is maintainable in the consumer forum. Sec.3 of the C.P.Act provides additional remedies in addition to the remedies provided under the   other acts and it is not derogation of any provisions of any law. The Consumer Forum has therefore jurisdiction to entertain the complaint in respect of deficiency of services in the given facts  especially when compensation sought was not furnished. Yet there is no bar to approach the District Consumer Forum for deficiency of services as the applicant is having lands in the area  and the complainant also paying sess and tax of present lands to the O.p 1  and government authorities regularly and to other O.ps also. Hence, the case of the complainant would fall within the scope and ambit of Sec.2(d)(i)(g) of the C.P.Act. which provides that service means service of any description which is made available to potential users and the complainant is a consumer.

                        The Counsel for the OP 1 denied the deposit of any fees either by the complainant or by the Op 2 but on verification of documents filed by the complainant , it reveals that the complainant has deposited the required fees for conversion of agricultural land into gharabari and since the required fees is already deposited the OP 1 is to take necessary steps to make conversion of his agricultural land into homestead land.

 Hence, it is  ordered.                          ORDER

                        The  O.P.1  is directed to take necessary steps to change the record of  agricultural land into homestead land  in the name of the complainant within thirty days of receipt of this order,  failing which the Opp.Party is  liable to pay compensation of Rs.50/- per day till the date of conversion of the land . There shall be no order against the OP 2.

                        Pronounced in open forum today on this 22^nd  day of October,2016 under the seal and signature of this forum.

                          Copy of order be sent to the parties free of cost.

 

 

 

                          Member.                                                                              President.

 

Documents filed & relied upon:-

By the Complainant:-

1. Copy of receipts.
2. Copy of the case record M.C.335/2003

By the O.Ps:

1. Copy of R.O.R- 2 Nos.

 

.

 

 

                                                                          President.