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

                 THIRU.P.MURUGAN,  M.COM.,ICWA (Inter),B.L.,                                           ......MEMBER-II

 

CC. No.118/2022

THIS TUESDAY, THE 22nd  DAY OF NOVEMBER 2022

 

Mrs.B.Suseela,

W/o.Late Balasubramanian,

No32, Rajeswari Nagar Main Road,

Ullagaram, Chennai 600 091.                                                            ……Complainant.  

                                                                                 //Vs//

1.The Tahsildar,

   Tahsildar Office, 

   Sholinganallur, Chennai 600 119.

 

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                               :   exparte 

                         

This complaint is coming before us on various dates and finally on 08.11.2022 and upon perusing the documents and evidences of the complainant this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. 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 to direct them to issue the Legal Heir Certificate to the complainant, to pay a sum of Rs.25,000/- as compensation for deficiency in service, to pay a sum of Rs.25,000/- for the mental agony caused to the complainant due to the deficiency in service on the part of the opposite parties and cost of the proceedings.

Summary of facts culminating into complaint:-

The complainant had applied for legal heir certificate on 30.07.2019 by paying the necessary fee of Rs.60/- vide application No.TN.7201907301309.  However, the Legal Heir Certificate was not issued till today inspite of circular dated 09.08.2017 No.11/2017 wherein it has been specifically provided that the certificate should be issued within 15 days from the date of applying the same.  The complainant also sent a legal notice dated 28.08.2019 to the opposite parties but there was no reply from them.  Thus aggrieved by the act of the opposite parties the present complaint was filed for the following reliefs as mentioned below;

To direct the opposite parties to issue the Legal Heir Certificate to the complainant.

To pay a sum of Rs.25,000/- as compensation for deficiency in service

To pay a sum of Rs.25,000/- for the mental agony caused to the complainant due to the deficiency in service on the part of the opposite parties and cost of the proceedings.

 On the side of complainant proof affidavit was filed and submitted documents marked as Ex.A1 to A7. Despite service of notice the opposite parties did not appear before this Commission and hence they were called absent and set ex-parte on 19.11.2019 for non appearance and for non filing of written version.

Points for consideration:

Whether the non issuance of Legal Heir Certificate to the complainant applied on 30.07.2019 by payment of requisite fee until filing of the complainant amounted to deficiency in service on the part of the opposite parties?

If so to what reliefs the complainant is entitled?

  Point:1

The following documents were filed on the side of complainant in support of her contentions;

 A receipt issued by the opposite parties for the application submitted by the complainant requesting for Legal heir Certificate dated 30.07.2019  was marked as Ex.A1;

 Legal notice issued by the complainant to the opposite parties for non issuance of Legal Heir Certificate requesting for issuance of the said certificate  dated 28.08.2019 was marked as Ex.A2;

Copy of G.O.Ms.No.99 issued by Government of Tamil Nadu dated 21.09.2015 was marked as Ex.A3;

 Copy of Circular No.11/2017 dated 09.08.2017 was marked as Ex.A4;

Application status dated 13.09.2019 was marked as Ex.A5;

Order of the Hon’ble Supreme Court of India in Ghaziabad Development Authority Vs Balbir Singh dated 17.03.2004 was marked as Ex.A6;

 Order copy of NCDRC in Dr.Chandrakant Vitthal Sawant Vs L.R.Pilankar & Anr. Dated 23.07.2013  was marked as Ex.A7;

The documents submitted by the complainant were perused and also heard the oral arguments adduced by him.  It is seen that vide Ex.A1 a receipt was issued by the opposite parties for the application submitted by the complainant requesting for Legal heir Certificate and also it is seen that Rs.60/- was received from the complainant.  The legal notice was issued by the complainant to the opposite parties for non issuance of Legal Heir Certificate requesting for issuance of the said certificate which was marked as Ex.A2.  It is seen that the same was delivered to the opposite parties but no reply was given by them.  Further G.O.Ms.No.99 issued by Government of Tamil Nadu was marked as Ex.A3 wherein a specific direction has been issued to the Authorities that on applying a grievance petition an acknowledgement should be given within three days and grievance should be redressed within a maximum period of one month and the citizens approaching the Government Departments with their grievance petitions should be informed of the progress of their grievance and in case of additional time requirement, the concerned person should be informed etc.  The Circular No.11/2017 was also filed by the complainant as Ex.A4 wherein the procedure for applying the Legal Heir Certificate and the time for issuance of the same has been provided and also it has been specifically mentioned as 

“On an application fee of Rs.60/-, the applicant shall apply at the CSC or online, the certificate will be issued within 15 working days.

The work flow will be CSC-VAO-RI-Tahsildar

The VAO must verify the documents and recommend with reasons for acceptance or rejection and forward to the Revenue Inspector in 5 Days. Revenue Inspector has to enquire in 4 days and the certificate will be issued by Tahsildar in 6 days on receipt of report from the RI after conducting necessary enquiry.

The applicant can download the legal certificate from CSC or from anywhere on receipt of an SMS.”

Thus it is found that on production of necessary documents the VAO must verify the same and recommend with reasons for the acceptance or rejection and forward to the Revenue Inspector within 5 Days. Further the certificate has to be issued by the Tahsildar in 6 days on receipt of report from the RI after conducting necessary enquiry. In the present case on verifying Ex.A5, the status of the application shows that it is submitted to Tahsildar and under remarks it is found that “Recommended based on Revenue Inspector and VAO report and documents”.  As per the circular No.11/2017 it has been specifically mentioned that the Tahsildar shall issue the Legal Heir Certificate within six days on receipt of report from Revenue Inspector but till today until filing of complaint the same has not be issued by the opposite party is the grievance of the complainant.  In such circumstances it is apparently seen that the 1st opposite party had committed clear deficiency in service in not issuing the Legal Heir Certificate to the complainant as per the statutory order passed by the Government of Tamil Nadu.  Thus this point is answered accordingly in favour of the complainant and as against the 1st opposite party.

Point No.2:-

With regard to the relief to be granted to the complainant we direct the 1st opposite party to issue the Legal Heir Certificate to the complainant within four weeks from the date of receipt of copy of this order and we also feel that a nominal compensation of Rs.10,000/- to be paid to the complainant by the 1st opposite party for the hardship and mental agony caused to the complainant would be appropriate in the facts and circumstances.  We also award cost of Rs.5,000/- to the complainant.

In the result, the complaint is dismissed against the opposite party 2 and partly allowed against the 1st opposite party directing him 

a) to issue legal heir certificate to the complainant within four weeks from the date of receipt of 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 22nd  day of November 2022.

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MEMBER-II                                              MEMBER I                                    PRESIDENT

List of document filed by the complainant:-

 

Ex.A1 30.07.2019 A receipt issued by the opposite parties for the application submitted by the complainant requesting for Legal heir Certificate. Xerox

Ex.A2 28.08.2019 Legal notice issued by the complainant to the opposite parties for non issuance of Legal Heir Certificate requesting for issuance of the said certificate. Xerox

Ex.A3 21.09.2015 Copy of G.O.Ms.No.99 issued by Government of Tamil Nadu. Xerox

Ex.A4 09.08.2017 Copy of Circular No.11/2017. Xerox

Ex.A5 13.09.2019 Application status. Xerox

Ex.A6 17.03.2004 Order of the Hon’ble Supreme Court of India in Ghaziabad Development Authority Vs Balbir Singh. Xerox

Ex.A7 23.07.2013 Order copy of NCDRC in Dr.Chandrakant Vitthal Sawant Vs L.R.Pilankar &Anr. Xerox

 

List of documents filed by the opposite parties:

 

Nil

 

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MEMBER-II                                             MEMBER I                                     PRESIDENT