Telangana

Khammam

CC/51/2017

Gone Venkat Reddy, S/o. Rama Swamy, Age: 76 years, Occu: Retired RTC Employee, R/o. H.No.11-9-224, Burhanpuram, Khammam town and District, Telangana State. - Complainant(s)

Versus

The Commissioner, Municipal Corporation, Khammam - Opp.Party(s)

Sri.Danda Sudhakar Rao

25 Apr 2018

ORDER

BEFORE THE DISTIRCT CONSUMER FORUM AT KHAMMAM

Dated this, the 25^th day of April, 2018.

                   Quorum: 1. Sri. P.Madhava Raja, _{B.Sc., MLi.Sc.,LLM} President

                                 2. Sri. R.Kiran Kumar, _{B.Sc., LL.M.,} Member

 

C.C.No.51/2017

Between:

 

Gone Venkat Reddy, S/o. Rama Swamy,

Age: 76 years, Occu: Retired RTC Employee,

R/o. H.No.11-9-224, Burhnapuram,

Khammam town and District,Telangana State.      

…Complainant

And

 

The Commissioner,

Municipal Corporation,

Khammam.

                                            …Opposite Party

 

          This C.C. is coming on before us for final hearing, in the presence of     Sri. Danda Sudhakar Rao, Advocate for Complainant; Opposite Party served and called absent; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order;

 

O  R  D  E  R

(Per Sri R. Kiran Kumar, Member)

 

          This Complaint is filed u/s.12-A of Consumer Protection Act, 1986. 

1.       The averments made in the complaint are that the complainant is the retired RTC Employee, R/o.11-9-224, Burhnapuram, Khammam.  The complainant submitted that the Opposite Party fixed the half yearly property tax for Rs.1,416/- to his house vide bearing No.11-9-224, accordingly he used to pay the property tax as per the demand notice from time to time without fail.  Complainant submitted that he paid Rs.2,831/- towards house tax for the period from 01-04-2015 to 31-03-2016 on 23-07-2015 vide receipt No.015333046. The complainant further submitted that the Opposite Party has issued property tax demand notice dt:07-07-2016 demanding to pay Rs.1,416/- for the first half year 2016-2017, Rs.1,416/- for second half year 2016-2017 and also demanded to pay Rs.2,360/- towards arrears of the tax and also demanded to pay Rs.336/- towards penalty on arrears up to                30-09-2016.  The complainant submitted that immediately after receipt of demand notice, he informed the same to the Opposite Party and filed application stating that he paid the entire tax from time to time and also for the year 2016, on that concerned staff / R.I. of the Opposite Party endorsed the same on the application submitted by the complainant on 29-07-2016 and referred the same to concerned wing. The complainant also submitted that as per the demand notice, he paid the amount of Rs.6,225/- vide receipt No.110622938766 through Meeseva service dt:28-07-2016.  The complainant further submitted that he got issued Legal Notice on 03-07-2017 and the same was acknowledged by the Opposite Party on 05-07-2017, inspite of it,  the Opposite Party failed to comply the same, the complainant filed this complaint to adjust the amount of Rs.2,831/- for future tax and for damages.

 

 

2.       On behalf of the complainant the following documents were filed and marked as Exhibits A-1 to A-6.

 

Ex.A1:-is the Office copy of Legal Notice dt:03-07-2017 along with original acknowledgement.

Ex.A2:-is the photocopy of Tax receipt for the amount of Rs.2,831/-,

           dt:23-07-2015.

Ex.A3:- is the photocopy of property tax demand bill for the year 2015-16

             Issued by Opposite Party.

Ex.A4:-is the photocopy of property tax receipt for an amount of Rs.6,225/-

           dt:28-07-2016.

Ex.A5:- is the photocopy of property tax demand bill for the year 2016-17

            issued by Opposite Party.

Ex.A6:- is the photocopy of the representation made by the complainant to

            the Opposite Party, dt:29-07-2016.

 

3.       On receipt of the notice, the opposite party appeared through his counsel and filed offering Memo.  Vakalath and Counter not filed.

 

4.       No documents filed on behalf of opposite party.

         

5.       Upon perusing the material papers on record, now the point that arose for consideration is,

1) Whether the complainant is entitled for the claim?

2) To what relief?

 

Point No.1:-

          In this case, the complainant is the retired RTC Employee and owner of House bearing No.11-09-224, Burhnapuram, Khammam.  According to the complainant, he used to pay the property tax from time to time, as per the demand notice issued by the Opposite Party Corporation.  The complainant has paid Rs.2,831/- towards house tax for the period from 01-04-2015 to               31-03-2016 on 23-07-2015 vide receipt No.015333046, which is marked as Ex.A2. Even after payment for the year 2015-16, the Opposite Party Corporation has issued demand bill for an amount of Rs.6,225/-, wherein they demanded to pay tax for the year 2015-16 along with interest.  According to the complaint, he paid the demanded bill amount of Rs.6,225/- through Meeseva service  on 28-07-2016 and thereafter he approached the Opposite Party Corporation to adjust the amount to the future bill, but the Opposite Party failed to rectify the same, for that the complainant approached the Forum for redressal.

                                                 

From the above it is cristal clear that even after payment of property tax for the year 2015-16, the Opposite Party Corporation has issued bill showing the same as due.  For that the complainant made representation, which is marked as Ex.A-6  and also got issued Legal Notice to the Opposite Party.  Even after receipt of notice and after filing of the complaint before this Forum, the Opposite Party Corporation failed to take steps to rectify the same.  In these circumstances, we direct the Opposite Party Corporation to adjust the amount collected from the complainant in future property tax bill as such this point is answered accordingly in favour of complainant.

 

Point No.2:-

          In the result, the complaint is allowed in part directing the Opposite Party Corporation to adjust the amount of Rs.2,831/- paid by the complainant for the year 2015-2016  (towards property tax and penalty) in future property tax bill and also directed to pay Rs.2,000/- towards damages for pain and sufferance.  The Opposite Party Corporation is directed to comply the above within one month from the date of receipt of this Order. 

 

        (Typed to dictation, corrected and pronounced by us in the open forum, on this the 25^th day of April, 2018).

 

 

    Member                       President             

District Consumer Forum,  Khammam.

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant                                                    For Opposite party   

       -None-                                                                       -None-

DOCUMENTS MARKED

 

For Complainant                                                    For Opposite party

  

Ex.A.1:-	is the Office copy of              Legal Notice dt:03-07-2017 along with original acknowledgement		Nil
Ex.A.2:-	is the photocopy of Tax receipt for the amount of Rs.2,831/-, dt:23-07-2015		-
Ex.A.3:-	is the photocopy of property tax demand bill for the year 2015-16 issued by Opposite Party		-
Ex.A.4:-	is the photocopy of property tax receipt for an amount of Rs.6,225/-, dt:28-07-2016.		-
Ex.A.5:-	is the photocopy of property tax demand bill for the year 2016-17 issued by Opposite Party.
Ex.A.6:-	is the photocopy of the representation made by the complainant to the Opposite Party, dt:29-07-2016.

 

 

 

 

    Member                       President             

  District Consumer Forum, Khammam.