Karnataka

Chitradurga

CC/414/2019

Smt H.Gangamma, W/o T.Rajanna - Complainant(s)

Versus

The Commissioner City Muncipality - Opp.Party(s)

Sri.B.T.Rajanna

24 Sep 2019

ORDER

COMPLAINT FILED ON:17/07/2019

DISPOSED      ON:24/09/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:414/2019

DATED: 24^th  September 2019

PRESENT :-     Smt. C.M.Chanchala.                     …. President

                           B.A.L.,,LL.B.,                 

                            

                        SRI. SHIVAKUMAR.K.N    :              MEMBER

                     M.Com., LL.B.,

 

……COMPLAINANT/S	Smt. H. Gangamma W/o T. Rajanna, Aged about 30 years, Near Sri Channakeshwara Temple, Kelagote, Chitradurga. (Rep., by Sri. B.T.Rajanna, Advocate)
V/S
…..OPPOSITE PARTY	The Commissioner, City Municipality, Chitradurga.              (OP.Ex-Parte)

 

Pronounced on 24^th of September  2019  .

Written by C.M.Chanchala, President.

ORDERS

 

1.    This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act,1986 by Smt.Gangamma the Complainant against the Opposite party (for short ‘OP’) seeking direction to the OP to change khata of the property in her name. 

The Complaint:

2.  The case of the complainant is that she has purchased property bearing Khata No.165/265/154 measuring 20x30 feet situated at Ward No.29, Ghandi Nagar, Bengaluru road, Chitradurga from her previous vendor. After the purchase of the above property she made an application before the OP for change of khata into her name, but in spite of receipt of the application, OP failed to change the khata of the said property into her name. Hence she filed present complaint seeking direction to the OP to change of khata.

3.      After hearing on admission the complaint was admitted and  notice were ordered to be issued to the OP  to file his written versions under section 13(2) of the Consumer Protection Act,1986 (  in short “the Act) . The OP failed to appear before the forum in spite of receiving the notice by this Hon'ble Forum. Hence helped ex-parte.  

Evidence :

4.      The complainant got herself examined as PW-1 by filing her affidavit as a part of examination in chief and also got Ex.A-1 to A-5 marked and closed the evidence.

Arguments:

5.      We have heard the complainant and perused the written argument filed by the advocate.  

6.      The points that arise for our determination are;

1. Whether the present complaint is maintainable before the Consumer Forum regarding the subject matter involved in the present complaint?

2. What order?

7.      Our finding on the above points are as under;

          Point No.1: In the Negative.

          Point No2: As per final order,

          For the following;

Discussion and Reasoning:

Point No.1 and 2:

 8.  The case of the complainant is that she has purchased property bearing Khata No.165/265/154 measuring 20x 30 feet situated at Ward No.29, Ghandi Nagar, Bengaluru road, Chitradurga from her previous vendor. After the purchase of the above property she made an application before the OP for change of khata into her name, but inspite of receipt of the application, OP failed to change the khata of the said property into her name.

9.   Before going on the merit, it is necessary to decide regarding the jurisdiction of consumer forum to entertain the present complaint. At this stage, it is proper to appropriate the relevant section of   Karnataka Land Revenue Act 1964. Section 135 and 136 of Karnataka Land Revenue Act 1964 reads that, 

135. Bar of suits.:- No suit shall lie against the State Government or any officer of the State Government in respect of a claim to have an entry made in any record or register that is maintained under this Chapter or to have any such entry omitted or amended: Provided that if any person is aggrieved as to any right of which he is in possession, by an entry made in any record or register maintained under this Chapter, he may institute a suit against any person denying or interested to deny his title to such right, for a declaration of his right under Chapter VI of the Specific Relief Act, 1877; and the entry in the record or register shall be amended in accordance with any such declaration

136. Appeal and Revision.—(1) the provisions of Chapter V shall not apply to any decision or order under this Chapter.

(2) Any person affected by an order made under sub-section (4) or an entry certified under sub-section (6) of section 129 may, within a period of sixty days from the date of communication of the order or the knowledge of the entry certified, appeal to such officer as may be prescribed by the State Government in this behalf and his decision shall be final. Land Revenue [1964: KAR. ACT 12 526 (3) The Deputy Commissioner may, on his own motion or on application of a party, call for and examine any records made under section 127 and section 129 and pass such orders as he may deem fit:

10. On reading of the above provisions, it is clear that only Revenue Court shall have jurisdiction to determine, decide or dispose of, the issues regarding the above matters. 

11. The Hon’ble National Commission in its judgment reported in II (2016) CPJ (NC) held that “ Revenue department of State Government being the core administrative and land management Department of State performs mostly the statutory functions- CP Act, 1986 is not applicable because remedy in such cases is already available under Revenue Laws of State Government”.

12.  Under the above facts and circumstances, in view of the judgment reported in II (2016) CPJ (NC) the above point is answered in the Negative.

Point No.2:-

13.  As this consumer forum has no jurisdiction to entertain the present complaint, the complainant is not entitle to get reliefs sought in the complaint before this forum.  In view of the discussions made under Point No.1, we pass the following; 

                                                      Order.

The present complaint filed by the complainant is hereby dismissed. However liberty is granted to the complainant to approach proper court for relief.

No order as to costs.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this  24th   day of September 2019)

MEMBER                                                                                           PRESIDENT    

ANNEXURE

Witness examined for the complainant side:

 

Complainant-Smt. H. Gangamma has examined-in-chief by filing affidavit as PW1.

Documents marked for the complainant side:

01	Ex-A-1:-	Application for change of Khata
02	Ex-A-2:-	Registered sale deed
03	Ex-A-3:-	Site Photo
04	Ex.A-4	Voter ID
05	Ex.A-5:-	Address proof.

Witness examined for the opponent side:

 

               Nil

 

 

        (C.M.Chanchala  )

                       President.

                                                                                     

 

 

           (Shivakumar K.N.)

                                                                                     Member.