D.o.F:6/9/16

D.o.O:30/5/2017

                      IN THE CONSUMER DISPUTES REDRESSAL FORUMIDDUKKI

                                                                CC.NO.254/16

                                               Dated this, the 30^th   day of May 2017

PRESENT:

SRI.S.GOPAKUMAR : PRESIDENT

SRI.BENNY.K.            : MEMBER

Mini, W/o Sudhakaran,

Karinellikkal House, Nedumkandam Po.                             : Complainant

(Adv.Shiji Joseph)

1. State of Kerala represented by

District Collector,Idukki.

2. Deputy Director of Panchayath Office                          : Opposite parties

Thodupuzha Po. Thodupuzha.

3. Secretary, Santhanppara Grama Panchayath,

Santhanppara.

(Adv.N.K.Vinodkumar)

                                                     ORDER

SRI.S.GOPAKUMAR : PRESIDENT

        In the year 2011, complainant  has applied  to 3^rd opposite party for getting a  house, under  EMS housing scheme which was launched in the year 2011, for providing houses for  landless people. The complainant and her family  was formerly resided  in their own house at Chappath, Idukky for the purpose of meeting the expenses of By- pass surgery of her husband in the year 2010, the complainant and her family  forced to sell out their house, which was their only asset. The 1st opposite party after enquiry found that the complainant is eligible and recommended for the scheme, since the opposite parties not interested in sanctioning her application, she approached the Chief Minister and filed a petition in the Chief Minister’s Jana Sambarkka Programme. Due to the timely interference  of the Chief Minister the 2^nd opposite party has communicated the complainant on 7/1/2012 that her application has been numbered as 9 in the priority list of the 3^rd opposite party and also assured that she will get it in the financial year 2012-13.   The complainant further states that till now opposite parties not initiated any steps for providing the house under EMS scheme as they promised and also as they reported to the Chief Minister. The scheme was not completely implemented and the opposite parties have denied the benefit of the scheme to the complainant. This approach of the opposite parties are sheer deficiency in their service . The scheme was delayed due to the negligent act of the opposite party and this caused much mental agony to the complainant. Hence the complainant approached the Forum and filed the complaint for getting relief such as to direct the opposite parties 1 to 3 to provide the housing facility under EMS scheme to the complainant and also direct them to pay an amount of Rs.25000/- as compensation for the mental agony suffered by her in this matter and also direct them to pay an amount of Rs.10,000/- towards litigation cost.

    Opposite parties entered appearance and filed detailed written version . In the version opposite parties contended that the complainant is not included in any one of the DCP approval of the beneficiary list of the  Shanthanpara Panchayath. As per the direction of the state government , Santhanpara Gramapanchayath given financial assistance to the people who owns property for the construction of building alone .  Due to the financial stringency the Gramapanchayath does not initiated any scheme of allotting property and house. Moreover, the Grama Panchayath not provided any financial assistance to any of the members in this list. where the complainant is included . The opposite parties further contended that the state government issued a direction in the planning guidelines of the five year plan of 2012 -17 that the Panchayath are not permitted to undertake housing projects. Moreover, the list where she is including is not in the beneficiary list of the panchayath, and the Panchayath has not given any assurance to the complainant that they will provide land and house and the opposite party is ready and willing to consider her application when the panchayath implement the scheme.

  Complainant was examined as PW1 and Exts.P1&P2 marked. Ext.P1 is a letter issued by opposite party No.2 . Ext.P2 is the medical certificate of the daughter of the complainant. No oral or documentary evidence adduced by the opposite parties.

Heard both sides

      On careful perusal of the  evidence and considering the points of arguments, the Forum is  of a considered  view that as per Ext.P1& P2 issued  by the 2^nd opposite party   to the complainant is that the complainant is eligible for getting  benefits of  EMS housing scheme. As per  the scheme she is entitled for getting  land cum house from the  Santhapara Grama Panchayath  .  Eventhough  the  counsel for the opposite party vehemently  argued  that no such scheme is prevailing in the Grama Panchayath and the State government directed them not to undertake such scheme, no evidence is produced by the opposite parties  to strengthen their plea.  No government  order or  circular is produced before the Forum to convince this statement.

   Hence the  Forum directed the opposite parties to  consider the case of the complainant as a  genuine one and moreover her situation  is very pathetic      and make  urgent   measures    to provide the  benefits of  EMS  Housing scheme  within 6 months from the date of receipt of copy of this order.

    Pronounced in the open forum  on this  30^th  day of May 2017

                                                                                     SRI.S.GOPAKUMAR : PRESIDENT

                                                                                      SRI.BENNY.K             :MEMBER

Exts

P1- letter issued by  OP.2 to PW1

P2- copy of medical certificate

PW1- Mini Sudhakaran-Complainant

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