DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                                  .…. PRESIDENT

                 THIRU. J.JAYASHANKAR, B.A, B.L.                                                                            ..… MEMBER-I

 

CC. No.142/2022

THIS MONDAY, THE 30th DAY OF JANUARY 2023

 

Mr.M.Kumar, 

No.4/46, Kamarajar 1st Cross Street,

Ullagaram, Chennai -61.                                                                     ……Complainant.

                                                                            //Vs//

1.The Tahsildar,

   Tahsildar Office, 

   Walaja Pettai, Vellore District – 632 513.

 

2.The Secretary to Government,

    Revenue Department,

    Secretariat, Chennai -600 009.                                               …..opposite parties.

 

Counsel for the complainant                                      :   Mr.B.Ramesh, Advocate.

Counsel for the opposite parties                               :   Government Pleader. 

                         

This complaint is coming before us on various dates and finally on 10.01.2023 and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT.Dr.S.M LATHA MAHESWARI, PRESIDENT.

 

This complaint has been filed by the complainant u/s 12 of the Consumer Protection Act, 1986 alleging deficiency in service against the opposite parties in non issuance of Patta transfer along with a prayer to direct them to issue Patta and to pay a sum of Rs.50,000/- towards compensaton for the mental agony caused to the complainant. 

 

Sum and substance of the complaint:-

 

It was the case of the complainant that on 06.08.2019 he had filed an application in Application No.0219/0105/04/181225 seeking transfer of patta by online. The Patta was registered for the property purchased by the complainant vide Sale Deed dated 20.07.2007 on the file of Sub Registrar Office, Walajapet.  Though there is a circular in G.O.Ms.No.210 dated 08.07.2011 to issue Patta within 30 days but the Patta was not given to the complainant till filing of this complaint.  It has been stated that in Revision Petition No.2273/2012 the National Consumer Disputes Redressal Commission has held that the Government Officials who failed to perform their duty after obtaining requisite fee has to be proceeded under the Consumer Protection Act.  Further the Supreme Court in their decision reported in 2004 CTJ has held that the statutory Authorities could be held liable under the Consumer Protection Act.  Thus citing the above decisions the aggrieved complainant on come with the present complaint to direct the opposite parties to issue Patta along with Rs.50,000/- as compensation and cost of the complaint.

 Defence of the opposite parties:-

On the side of the opposite parties written version was filed disputing the complaint allegations stating that the complainant has sent a petition to Tahsildar, Walajapet on 06.08.2019 through common service centre, requesting sub division of his land purchased in Vannivedu Village of Walaja Taluk of Ranipet District.  It was stated by the opposite parties that on perusal of Application with enclosure as the complainant has purchased house site in Plot No.53 in a common layout measuring 2.34 Acres in survey No.308/1, 308/2A and 308/3A, he did not produce layout plan along with the registered documents. It was very difficult to identify the plot without layout sketch. The complainant had purchased house site from the power agent Mr.Hasen S/o.Zikiria Saibu.  Though the complainant has purchased the house site plot on 20.07.2007, he had presented the Application for subdivision only on 06.08.2019.  His Application serial number was 2019/0105/04/181225.  As per Government instructions Application for Patta Transfer involving subdivision were being finalized in seniority wise.  Accordingly more than 1000 applications are pending as on 05.08.2019 for finalisation. Complainant had presented application under Right to Information Act 2005 on 16.09.2019 and 24.10.2019. He was intimated on 02.10.2019 by the Tahsildar Walaja regarding the application of the subdivision requesting him to furnish the required documents such as parent document, power document and Layout Sketch to locate the purchased area of complainant’s land to enable the Field Surveyor to measure the land and prepare subdivision records.  But the complainant did not produce such records to the Tahsildar Walaja till date. Thus the opposite parties stated that there is no deficiency in service on their part in the non issuance of requested documents as the required details were not produced by the complainant. 

On the side of complainant proof affidavit was filed and documents Ex.A1 to Ex.A5 were marked on their side.  Though the opposite parties had filed written version they did not come forward to file any proof affidavit and also failed to file any documents and hence the evidence on their side was closed on 27.12.2022. 

 Points for consideration:-

Whether the alleged deficiency in service on the part of the opposite parties has been proved by the complainant by admissible evidence?

If so to what reliefs the complainant is entitled?

 

Point No.1

On the side of the complainant following documents were filed in support of his allegations; 

A receipt issued by the opposite parties for the application submitted by the complainant requesting for Patta dated 06.08.2019  was marked as Ex.A1;

Letter issued by the complainant to the 1st opposite party requesting to issue patta transfer in the complainant’s name dated 13.08.2019 was marked as Ex.A2;

Legal notice issued by the complainant to the opposite parties dated 12.09.2019 was marked as Ex.A3;

Copy of G.O.Ms.No.210 issued by Government of Tamil Nadu dated 08.07.2011 was marked as Ex.A4;

Copy of G.O.Ms.No.99 issued by Government of Tamil Nadu dated 21.09.2015 was marked as Ex.A5;

We perused the pleadings and documents submitted by the complainant.  Though written arguments was filed by the complainant no oral argument was adduced and it was endorsed that the written arguments may be treated as oral argument to decide the case on merits.

Records perused. The opposite parties did not deny the filing of application by the complainant. However, it is their defence that as the application for Patta was filed by the complainant for subdivision, the Government had instructed to finalise similar application on seniority bases. Accordingly more than 1000 applications are pending as on 05.08.2019 for finalisation.  Further the complainant was intimated on 02.10.2019 regarding the status of application and requesting them for the required documents such as Parent document, Power document and layout sketch to locate the purchased area of the complainant to enable the field surveyor to measure the land and prepare subdivision records, but the complainant has not produced the same.

On perusal of the records the said defence of the opposite parties were not proved by filing any affidavit of concerned person or production of documents and hence we are unable to accept their defence.  In such facts and circumstances we hold that the opposite parties in not issuing the Patta after subdivision of the property within 30 days as per the circular G.O.Ms.No.210 dated 08.07.2011 amounts to deficiency in service and against the circular. Thus the point is answered accordingly.

Point No.2:-

As the main defence of the opposite parties is that the complainant had not produced the required documents to enable them to subdivide the property we direct the complainant to produce the necessary documents before the opposite parties enabling them to process the application.  Further for non issuance of the Patta within the period fixed by the circular G.O.Ms.No.210 dated 08.07.2011, we award a nominal compensation of Rs.10,000/- to be paid by the opposite parties.  We also award Rs.5,000/- towards cost of the litigation expenses to the complainant.

In the result, the complaint is partly allowed and the opposite parties 1 & 2 are jointly and severely directed 

a) to issue Patta on production of necessary documents by complainant within four weeks from the date of receipt of the copy of this order; 

b) To pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for the mental agony caused to the complainant;

c)  to pay a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses to the complainant. 

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 30th day of January 2023.

 

    Sd/-                                                                                                   Sd/-

 MEMBER-I                                                                                 PRESIDENT

 

 

List of document filed by the complainant:-

 

 

Ex.A1 06.08.2019 A receipt issued by the opposite parties for the application submitted by the complainant requesting for Patta. Xerox

Ex.A2 13.08.2019 Letter issued by the complainant to the 1st opposite party requesting to issue patta transfer in the complainant’s name. Xerox

Ex.A3 12.09.2019 Legal notice issued by the complainant to the opposite parties. Xerox

Ex.A4 08.07.2011 Copy of G.O.Ms.No.210 issued by Government of Tamil Nadu. Xerox

Ex.A5 21.09.2015 Copy of G.O.Ms.No.99 issued by Government of Tamil Nadu. Xerox

 

 

  Sd/-                                                                                                    Sd/-

MEMBER-I                                                                                 PRESIDENT