OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBER .
Consumer Complaint No. 76 of 2016
Date of Filling : - 20.12.2016.
Date of Order :- 15 .07.2017.
Bhagya Rathi Kar,AtP.O:- Kandasar, Dist.Angul.
_________________________Complainant.
Vrs.
02.Revenue Inspector ,Kurudol,
At/P.O.Bus Stand,P.S/Dist.Angul.
_________________________ Opp. parties.
For the complainant :- Sri S.K.Pradhan & associates(Advs.).
For the opp.parties :- Aravinda Mishra & associates(Advs.)
: J U D G E M E N T :
Sri D. C. Mishra, President.
The petitioner Bhagya Rathi Kar has filed this case with prayer to direct the opp.paties to give him the measurement/demarcation report of his land referring to Khata No. 890/311 and Plot No. 6289/7917 measuring an area of Ac 0.05 decimals under Mouza Kandasar by specifying the length of the 4 sides of the land in feets or inches or meters .
2. The petitioner’s case is that:-
He purchased the aforesaid land in the year 1995 constructed a building there and since then residing there with his family members. It is alleged that the neighboring/adjacent plot owner is trying to grab the land of the petitioner and making unnecessary disturbances for which as per his petition, the Nalco Nagar police demarcated the land through the opp.parties and found that the petitioner is possessing the area as per his purchase through registered sale deed.
That in the year 2014 there was dispute between two neighboring plot owners for which opp.party No.2 demarcated their land wrongly showing that the petitioner has encroached 1.5 decimal land of the side plot owner. In the above premises the petitioner ran to the opp.parties for demarcation of his land but in vain. Lastly on 30.12.2015 the opp.party No.2 ( Revenue Inspector) demarcated the land of the petitioner vide Misc Case No. 4 of 2015 of Tahasildar,Banarpal (opp.party No.1) but he gave a report showing that the petitioner has encroached 1.5 decimals of land. Then again as per petition of the petitioner, the opp.party No.2 demarcated the land but gave the same wrong report. It is specifically averred that being continuously harassed the petitioner tried to get the information under RTI Act but the opp.parties did not give the measurement report showing the length of the 4(four) side boundary as per the sketch map attached with the sale deed. So he has filed this case seeking the reliefs as already stated above in Para-1 along with cost.
3. The opp.parties have contested the case by filing joint written show cause disputing all the averments and allegations made against them with prayer to reject/dismiss the case on the grounds that it is not maintainable, there is no cause of action to file the case and that there is no consumer or service provider relationship between the petitioner and the opp.parties.
4. In view of the above rival pleadings of the parties the following issues arise for consideration.
:I S S U E S :
- Whether there is consumer and service provider relationship between the petitioner and the opp.parties and the case is maintainable ?
- Whether the opp.parties made deficit in providing service to the petitioner (consumer)?
- To what releifs the parties are entitled to ?
Issue No.(i):- Admittedly, several times the petitioner has deposited Amin fees and demarcation fees to get the demarcation report. Since the petitioner has hired service of the opp.parties on payment of cost, definitely the opp.parties are service providers and the petitioner is a consumer. So the case is maintainable.
Issue No(ii).:- The petitioner repeatedly requested the opp.parties by paying fees to demarcate his land but he could not get the demarcation report with length and breadth of his land, for which he is facing a lot of difficulties. Unless the specific length and breath of the land are given in the demarcation report, the measurement report is meaning less and will be of no use. Thus, the opp.parties have made deficit in giving proper service to the petitioner.
Issue No.(iii):- In view of the discussions made above in issue No.(i) & (ii), it is found that there is consumer and service provider relationship between the petitioner and the opp.parties and despite hiring of service of the opp.parties by the petitioner on payment of demarcation/Amin fees, the opp.parties failed to give a proper demarcation report specifying the length of the four sides of the land of the petitioner in inches or feets or meters. So the petitioner is entitled to get such a demarcation report.
5. Hence ordered:-
: O R D E R :
The opp.parties are directed to make measurement/demarcation of the land of the petitioner appertaining to Khata No. 890/311,Plot No. 6289/7917 of Mouza:- Kandasar measuring an area of Ac 0.05 decimals and give the demarcation report to the petitioner, specifying the four sides length of the land within 45(forty-five) days of this order.
Order delivered in the open forum
today the 15th July2017 with
hand and seal of this Forum.
Typed to my dictation
and corrected by me
(Sri D. C. Mishra)
President.
(Sri D. C. Mishra)
President .
(Sri K.K.Mohanty), (Smt.S. Mallick),
Member. Member.
