The complainant had applied for conversion of Land in Khata No.447/1753 plot No.193/4099, Tahasil Sadar, Keonjhar vide OLR Case No.-2/194/2020 u/s-8(A) OLR Act. On Dtd.19.01.2021 complainant deposited Rs.25000/- @ of Rs.1000/- per decimal. After field inquiry Revenue Supervisor submitted that the land is within urban area which is situated at a distance of 1km from National Highway. Tahasildar intentionally directed to deposit Rs.1000/- instead of Rs.300/- deviating Govt. Notification which is deficiency of service.
It is also complained that for conversion the Tahasildar collected Rs.300/- per decimal from his brother and daughter for the same plot in the same mouza . Complainant sent a notice to the Tahasildar for grievance of matter, but there was no response for which he filed the case for deficiency of service by Ops praying to refund the excess amount of Rs.17,500/-, to fix annual rent, for mental harassment Rs.20,000/- and cost of litigation Rs.10,000/- (All the 47,500/-)
Under the above situation the case is admitted. Notice issued to Ops. Ops appeared and filed their w/v and Op 2 supported the w/v of Op.1.
Complainant relied upon the following documents.
- Govt. Notification.
- Certified copy of correspondence
- Money receipt.
- Comparative statement(Khajana)
- No. of Khatian(Khajana) fixed by Tahasildar
- Application to Tahasildar for grievance.
The complainant prayed for refund of excess amount Rs.17,500/- and to refix annual rent of Rs.75/- as per Govt. guideline and also prays for mental harassment Rs.20,000/- and Rs.10,000/- for cost of litigation.
The Tahasildar filed his complaince report which is treated as w/v of Ops. It is submitted that premium has been collected on the basis of field inquiry report as per Govt. Notification No.G207/ Dtd-20.03.2017 also deposited in proper head of account of Govt. It is also submitted that the petitioner has collected his corrected R.o.R. and did not file any protest either at the time of deposit of premium or at the timing collection of R.o.R..
In the above situation following issues are framed to decide the case.
ISSUES
- Whether the case is maintainable?
- Whether the complainant is a consumer?
- Whether Ops have made any deficiency of service?
FINDINGS
The OLR case u/s-8(A) Of OLR Act is a separate section. Any person aggrieved of the order of Tahasildar can prefer appeal before higher authority as per law. Consumer Commission has no jurisdiction to interfere in the case. So for the excess premium collected is a matter of lack in administrative level of Tahasildar. The complainant in the case has not purchased any goods nor got service by prying consideration amont. So the complainant is not a consumer and Ops have not made any deficiency of service. So the case is not maintainable. But it is the right of complainant to file the case before proper forum to get back his excess premium amount of Rs.17,500/- and to fix rent of land by proper forum.
ORDER
The case being devoid of merits is disposed of. The complainant is directed to file his complain before proper forum to get justice.
The order is pronounced in open Commission today i.e on 7th July 2023.
