::BEFORE THE DISTRICT CONSUMER DISPUTES  REDRESSAL COMMISSION AT BIDAR::

                                                                                                                                                  C.C. No.52/2021.

                                                                                                                                                                                 Date of filing: 02.08.2021.

                                                                                         Date of disposal:27.12.2022.

P R E S E N Ts:-    

                                (1) Shri. Mabu Saheb H.Chabbi,        

                                                                                          B.Com.,LL.B.,(Spl.),

                                                                                         President.,  

                              (2) Kum. Kavita,

                                                    M.A.,LL.B.,(Spl.),

                                                             Member.

                            (3) Shri.Thriyambakeshwara,

                                                                     B.A.,LL.B.,(Spl.), 

                                                                               Member.

      COMPLAINANT/S                    Ramshetty S/o Bheemrao Bhadbade,

Age:Major, Occ: Privte service,

R/o H.No.8-9-120 Gurunagar Bidar, Dist:Bidar.

                                           (By Sri.Mallikarjun Mailare and  
                                                     Sri.P.M.Deshpande., Advocate)

V/s

1. The Development officer,

KIADB Kapnoor Road, Kapnoor Industrial Area Kalaburagi.

2. Asst.Executive Engineer,

KIADB Near KSRP,

Quarters Water Tank Aliabad Road, Naubad Bidar-585402.                                 

                                              (Ex-parte).

::   J U D G M E N T  ::

By  Shri. Mabu Saheb H.Chabbi, President.

                    The complaint has been filed by the complainant                U/sec.35 of the C.P.Act., 2019, against the Ops for deficiency of service in not allotting and executing sale deed in favour of complainant and for such their relief of compensation.

2.       Gist of the complaint: The Ops have invited the application from the needy persons for allotment of house sites located at KIADB in survey No.160 situated at Naubad Tq and Dist:Bidar, by issuing notification/advertisement No.AIDB/1786/Engineering/14464/99/

2000 issued in Samyukta Karnataka Newspaper dated 18.02.2000.  The complainant filed application in format provided under the notification by the Ops on 22.02.2000, for allotment of house site/plot measuring 30x40 feet located in the said land, alongwith the application Form.  The complainant paid necessary fees through challan. On receiving application, the OP No.1 issued letter in file No.KIADB/13/ HA/400/P/2000-2001/1100 dated:06.11.2000 directing this complainant to deposit Rs.5,035/- towards 10% cost of the site measuring 30x40 feet and also directed to pay an amount of Rs.20,138/- towards 40% cost of site and accordingly this complainant paid the said amount of Rs.5,035/- through challan/DD No.854227 dated 04.12.2000, of Canara Branch Bidar vide receipt No.60881(Ex.P.5) and also paid further amount of Rs.20,138/- through challan/DD No.22942 dated 05.01.2001, drawn on DCC Bank Ltd. Bidar vide receipt No.60959 (Ex.P.6).  On receiving the said amount.  The OP No.1 allotted plot No.352 measuring 30x40 feet totalling 1200 sq.feet, located in the KIADB land in survey No.160 situated at Naubad village and the Ops directed this complaint to deposit/pay remaining 50% of the cost of the said site to the tune of the Rs.25,114/- and in compliance of such direction the complainant paid the said amount of Rs.25,114/- through challan/DD No.587714 dated 02.11.2001 of Canara Bank Branch Bidar vide receipt No.63287(Ex.P.7) which is evident from the letter issued by OP No.1 and voucher/DD Form having paid said amount by the complainant filed with this complaint.  On receipt of entire cost of the said site/plot.  The Ops have allotted the plot No.352 measuring 30x40 feet totalling 1200 feet in the KIADB land in survey No.160 situated at Naubad village to this complainant to execute the final registered sale deed within short period.  But the Ops did not execute the final registered sale deed as agreed by them.  The complainant approached the office of OP No.1 requesting to execute the final registered sale deed, but on all time the OP No.1 delayed the matter for one or the other reason giving false assurance.  But this complainant having full faith and confidence upon Ops and under the impression that, the Ops have already received entire costs of site and allotted site No.352 in aforesaid land waiting for execution of registration of final sale deed.  The complainant received credible information from his reliable sources that, OP No.1 is having malafide intention to allot the said plot to his man for illegal game behind the back of complainant. The complainant filed written representation/application before OP No.1 on 22.07.2021(Ex.P.8) which is acknowledged by OP No.2.  After receipt of the application from the complainant the Ops were very much engaged and hurried to got the said plot to their men with malafide intention to deprive this complainant from the said plot and to cause loss and harass this complainant for their illegal gain.  There is clear deficiency of service by the Ops to the complainant.  Hence, the complainant prayed the compensation and for registering the registered sale deed from the Ops for the above said site. After giving representation to the Ops by the complainant, the Ops not responded for the said letter.  The complainant has been regularly approaching the Ops till dated but no suitable action taken so for to rectify the same by the Ops.  The complainant showing his readiness to bear all such expenses required for execution and registration of final sale deed through letter dated 26.02.2021(Ex.P.8) which was received by Ops on 22.07.2021, and despite that, the Ops did not act upon need full to a complainant, hence the cause of action arose to this complaint from the said date of letter issued by complainant to OP. 

3.       This commission issued notice to the Ops, which were served upon Ops, but they remained absent before this Commission.  Hence, this commission placed ex-parte, this is ex-parte order against Ops. 

Evidence of Complainant.

4.       The complainant himself examined as P.W.1 and got marked documents, on his side as per Ex.P.1. to Ex.P.09. i.e.,

1.          Ex.P.1-Attested copy of application form filed by complainant 
           for allotment of site dated 22.02.2000.

2.          Ex.P.2– Attested copy of letter issued by OP No.1 for deposit on
           10%&40% cost of the site dated 06.11.2000.

3. Ex.P.3-Attested copy of letter issued by OP No.1 for depositing
            remaining 50% cost of the site dated 27.02.2001.       

4. Ex.P.4-Letter of allotment order having receive entire cost of the
            site dated 06.12.2001.

5. Ex.P.5-DD receipt for having paid Rs.5,035/- dated 04.12.2000.
6. Ex.P.6-DD receipt for having paid Rs.20,138/- dated 05.01.2001.
7. Ex.P.7- DD receipt for having paid Rs.25,114/- dated 21.11.2001.
8. Ex.P.8-Copy of application filed by complainant before the Ops dated 22.07.2021.
9. Ex.P.9-Attested copy of Aadhar card of complainant.

5.       In this case the Ops have not appeared before this commission and placed then ex-parte and there is no written version and evidence from Ops.  The complainant has submitted his written arguments.        

6.       From the above pleadings and documents of the complainant, the Points which arose for consideration by this Commission are as below,

1. Whether the complainant proves that, he is consumer to the OPs and further proves the deficiency of service by the OPs  to the complainant?

2.  Whether the complainant proves that he is entitle for relief as prayed in the complaint and compensation from OPs?

3. If so What orders? 

7.       Our answers to the points raised above are as follows: -

1. In the affirmative.
2. In the affirmative.
3. As per final order.

POINT No. 1 and 2.  

8.          The above said points No.1 and 2 are having inter related subject matter, hence we discussed above two points together for convenience.  The complainant filed his evidence affidavit as P.W.1 and reiterated the facts of complaint in his evidence affidavit and got marked Ex.P.1 to Ex.P.9 on his side to substantiate his case.  The complainant contended in his complaint that, he has filed an application for allotting site located at KIADB bearing Sy.No.160 situated at Naubad village.  As per the advertisement given by the OPs in Sumyukata Karnataka Newspaper dated 18.02.2000 and as per notification No.AIDB/1786/engineering/14464/99/2000 the complainant applied for measuring 30x40 feet site in the above said Sy. number on 22.02.2000 as per Ex.P.1.  As per the application filed by the complainant the OP No.2 issued a letter as per Ex.P.2 to the complainant stating to pay 10% and 40% of cost of the site on or before 05.12.2000 and 05.01.2001 respectively. Another letter also been produced by the complainant at Ex.P.3, which was issued by OP No.2 to the complainant dated 27.02.2001, acknowledging the payment of Rs.25,173/- from the complainant and remaining amount of Rs.25,114/-, was instructed to pay before 26.05.2001.  In view of letters issued by OP No.2, as per Ex.P.2 and Ex.P.3 the complainant made the payment of Rs.5,035/-(10%) through DD No.854227 dated 04.12.2000, through receipt No.60881 to the OP No.2 and the second payment of Rs.20,138/-(40%) made by the complainant to the OP No.2 on 05.01.2001 through DD No.22942, receipt No.60959 as shown in Ex.P.6 and the third and final payment made by the complainant on 21.11.2001 through DD No.587715 for Rs.25,114/-,(50%).  Vide receipt No.63287 as per Ex.P.7 to the OP No.2.  As per Ex.P.5 to Ex.P.7 the payment receipts which were issued by OP No.2 to the complainant clearly goes to show that, the entire amount as stated by the OP No.2 in his letter as per Ex.P.2 to Ex.P.4 has been completely paid by the complainant to the OPs authority and further as per Ex.P.7, the OP No.2 allotted plot No.352 to the complainant.  Despite of complete payment towards the cost of site made by the complainant to the OPs, the OPs have not got registered in the name of complainant in the sub-registrar office for valid transfer of title to the complainant. 

9.       The complainant stated in his complaint that, he approached the OPs to get it registered the above said site in the name of complainant for several times, but they have not registered the said plot, hence, the complainant lastly represented through Ex.P.8 letter dated 26.02.2021 to the OP No.2 to get it registered the above said site in his name, which letter was acknowledged by the OP No.2 on 22.07.2021.  But, the OP No.2 not complied the request of complainant.  Hence, the complainant constrained to file complaint on 02.08.2021, as it is well within two years from the date of Ex.P.8 last letter/representation given by complainant to the OPs. 

10.     Each and every payment made by the complainant as per Ex.P.5 to Ex.P.7 and the last letter which was issued by the complainant to the OPs on 26.02.2021 which got recurring cause of action to the complaint of the complainant.  The OPs neither registered the said plot in the name of complainant nor denied his claim for any valid reasons.  Hence, the complaint is well within time against the OPs for the relief of compensation and the relief to get registration of the valid document in the name of complainant.

11.     The OPs not appeared before this commission in spite of service of notice from this commission and they have not denied the contents of complaint, evidence of P.W.1, documentary evidence as per Ex.P.1 to Ex.P.9 which were got marked by the complainant.  In view of
non-contesting the case of the complaint by OPs this commission is of the opinion from the above discussion that, the complainant has proved his case against the OPs for deficiency of service and he is entitled to claim the compensation from the OPs.  Hence point No.1 and 2 in the affirmative in favor of complainant and against to OPs and proceed to pass the following.

::ORDERS::

The complaint filed by the complainant U/sec.35 of the C.P.Act., 2019,  is allowed in part.

The OPs are directed to execute the registered sale deed in favour of complainant in respect of the plot No.352 measuring 30x40 feet, 9.15x12.20 meters, situated at KIADB land Sy.No.160 of Naubad Village Tq & District Bidar.  

The Ops are hereby directed to pay compensation of Rs.10,000/- for mental harassment suffered by complainant, and cost of litigation to the extent of 5,000/- to the complainant by Ops within 45 days from the date of order. 

Intimate the parties accordingly.

 (Typed to our dictation then corrected, signed by us and then pronounced in the open Commission on this 27^th day of December-2022).

Documents produced by the complainant.

1.          Ex.P.1-Attested copy of application form filed by complainant 
           for allotment of site dated 22.02.2000.

2.          Ex.P.2– Attested copy of letter issued by OP No.1 for deposit on
           10%&40% cost of the site dated 06.11.2000.

3. Ex.P.3-Attested copy of letter issued by OP No.1 for depositing
            remaining 50% cost of the site dated 27.02.2001.       

4. Ex.P.4-Letter of allotment order having receive entire cost of the
            site dated 06.12.2001.

5. Ex.P.5-DD receipt for having paid Rs.5,035/- dated 04.12.2000.

6. Ex.P.6-DD receipt for having paid Rs.20,138/- dated 05.01.2001.
7. Ex.P.7- DD receipt for having paid Rs.25,114/- dated 21.11.2001.
8. Ex.P.8-Copy of application filed by complainant before the Ops dated 22.07.2021.
9. Ex.P.9-Attested copy of Aadhar card of complainant.

Document produced by the Respondent.

-Nil-

Witness examined.

Complainant:

P.W.1- Ramshetty S/o Bheemrao Bhadbade,               (Complainant).

Opponents:

          -Nil-