DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KALAHANDI AT BHAWANIPATNA.
C.C. 38 OF 2017
Date of order 15 th February ,2019
PRESENT:-
Sri Aswini Kumar Sahoo, M.A, LL.B OSPS(I) Sr. Retd. President.
Smt.Bhawani Pattnaik, M.A,LL.B,PGDCLP, Member
Binod Goud, aged about 55 years, S/o Late Khetra Goud, Resident of Chilguda, P.S. Koksara, Dist. Kalahandi,Odisha.
Versus
- The E.E.Rural Works Department(R.D),At/Po/Ps Dharamgarh,Dist.Kalahandi,Odisha.
- SDO,RWD,At/Po Khusumkhunti,P.S.Koksara,Dist.Kalahandi,Odisha.
- Potna Gopa@ Bewa,aged about 58 years, W/o Late Sham Gouda of Village: Chilguda,P.S.Koksara,Munsiff: Dharamgarh, Dist.Kalahandi,Odisha.
- Smt. Santa Bag, agbeda bout 55 years, W/o Jalandhar Bag of Pariaa, P.S.Dharamgarh, Dist.Kalahandi, Odisha.
- Smt.Sobhamani Bag, aged about 59 years, W/o Ratnakar Bag of Village Sarasmal, PS. Koksara, Dist. Kalahandi, Odisha.
- Ashmati Bewa, aged about 74 years, W/o Late Kartiaka Gouda,Village: Chilguda,P.S.Koksara,Dist.Kalahandi,Odisha.
Counsel for the:
Complainant: Sri B.S.Sahu & AssociateAdvocate, Bhawanipatna.
JUDGEMENT
The Complainant Binod Goud has filed this complaint against the Executive Engineer, Rural Works, Dharamgarh, the SDO Rural Works, Kusumkhunti i.e OP No- 1 & 2 and four others of his undivided joint family members i.e. Opposite Party No. 3 to 6 and the case of the Complainant in short is that in the year 1955-66 settlement, Late Khetra Goud and Late Kartik were the recorded owner of lands to the tune of Ac. 15.08 decimals at village Chilguda under Junagarh PS, Kalahandi under Khata No- 18 and in the current settlement, the same lands have been recorded in the name of Late Shyama, the Complainant, Late Lambu, Late Khetra and Late Kartika under Khata No- 306 having an area of Ac. 13.83 decimals of village Chilguda. The OP No- 3 is the wife of Late Shyama, the OP No- 4, 5 and the Complainant are the sons of Late Khetra and Lambu, the youngest son of Khetra died unmarried. The OP N-6 is the wife of Late Kartik. The relationships between the Complainant and the OP No- 3 to 6 are also described by the complainant in a genealogy mentioned in the Complaint Petition who are the legal survivors and legal representatives of Late Khetra & Kartika The case of the complainant further is that the OP No- 1 & 2 acquired lands from Khata No- 306 having an area of Ac. 0.29 decimals from plot No- 380, 381 and 387 for purpose of constructing a bridge about three to four years back from the date of filling of the complaint and a compensation amount of Rs. 4,09,248/- (Four Lakhs nine thousand and two forty eight) only was fixed and the complainant along with OP No- 2 to 6 are entitled for the same out of which the OP NO- 6 is entitled for half share and the rest half is to be divided into four equal shares and the Complainant is entitled for one such share. The complainant has further pleaded that the OP No- 3 had filed a suit for Partition vide C. S N0- 11/2012 before the learned Civil judge, Senior Division, Dharamgarh for the lands under Khata No- 306 of village Chilguda which was decreed preliminarily by the Court on 30.08.2012 defining the shares of the Complainant and the OP No- 3 to 6 but no final decree has yet been passed. The complainant after running to the OP No-2 for compensation from the date of acquisition of their lands till February 2017 failed to get it and when it was refused by the OP No-2 in February 2017, the Complainant filed this complaint for realization of the compensation amounts to the extent he is entitled, with interest @ 9% per annum from the date of acquisition till realization and a compensation of Rs. 20,000/- (Rupees twenty thousand) towards harassment and mental agony. The complainant has also filed the copy of ROR under Khata No- 18 of village Chilguda as per 1955-56 settlement, Copy of ROR under Khata No- 306 of village Chilguda as per current settlement and copy of the Judgment and Preliminary decree passed in C.S No- 11 of 2012 by the court of the Civil Judge, Senior Division, and Dharamgarh.
The complaint was admitted by this Forum and notices were issued to all the Opposite Parties and even though the notices were sufficient against all opposite parties, none of them turned up to appear in the case and finally they were set ex-parte. However, during course of the hearing of the case, the complainant filed petition to call for the entire documents relating to the acquisition of lands from the OP No- 1 & 2 and accordingly they were directed by this Forum to produce all documents and in compliance to the order of this Forum, the OP No- 2 personally appeared and filed the documents duly sealed and signed by him but still the OP No-2 did not contest the case.
The complainant adduced his evidence in the shape of affidavit and proved the documents. The complainant has categorically stated in his affidavit evidence about his claim as per his pleadings and his evidence has gone unquestioned and unchallenged. The documents filed by the Complainant also corroborates the testimony of the complainant and apart from that the documents filed by the OP No- 1 & 2 also support the case of the complainant. The documents filed by the OP No-1 & 2 show that the plot No- 380, 381 & 387 of Khata No- 306 of village Chilguda with an area of Ac. 0.29 decimals have been acquired for purpose of construction of a bridge by the OP No- 1 & 2 and Registered sale deeds have been executed by the owners on 02.07.2013 and compensation amount of Rs. of Rs. 4,09,248/- (Four Lakhs nine thousand and two forty eight) only have been deposited with the OP No- 1 & 2 which is apparently not disbursed in favour of the Complainant and the OP N- 3 to 6 since then till today without any valid reason. In the Partition suit, the Court of the Civil Judge (SD)), Dharamgarh has clearly defined the shares of each co- sharers in the preliminary decree and as no final decree has yet been passed the property under Khata No- 306 of village Chilguda of the complainant and the OP No- 3 to 6 are still joint and each co- sharers are entitled according to the share defined by the civil court by its judgment and decree dated 30.08.2012.
The complainant and his co- sharers have sold lands in favour of the Government through the OP No- 1 & 2 and the compensation amount is withheld without any justification and as such the OP No-1 and 2 failed to discharge the services bestowed upon them under a statute and the complainant and the OP No- 3 to 6 even though were duty bound to sell their lands under the land acquisition Act 2013 and it is unfortunate that after taking over possession of the lands in question, the owners are not paid with compensation for such a long periods of time and hence, this Forum holds the complainant as consumer within the meaning of the Consumer Protection Act 1986 and the OP No- 1 & 2 have failed to provide the services to which the complainant and the OP No- 3 to 6 are legally entitled which amounts to deficiency of service. Apart from that as per section 3 of the Consumer protection Act 1986, the provisions will be in addition to any law and thus, this forum has got ample jurisdiction to try and decide this case.
From the evidence both in shape of affidavit and documentary filed by the Complainant and the documents filed by the OP No- 1 & 2 and the same having been not challenged in any manner, there is no hesitation on the part of this Forum to hold that the OP No- 1 & 2 are deficient in providing service to the Complainant and the complainant is entitled to get his share of compensation and the OP No- 3 to 6 are also entitled for their respective shares as per the share defined in C. S 11/2012 of the court of the civil judge, (SD), Bhawanipatna.
The Complainant has prayed for 1/4th of the total compensation amount which comes to Rs. 51,156/- (Rupees fifty one thousand one fifty six) only out of Rs. 4,09,248/- (Four Lakhs nine thousand and two forty eight) only. The other OP No- 3, 4 and 5 are also entitled to get Rs.51, 156/- (Rupees fifty one thousand one fifty six) only each and the OP No- 6 is entitled to half of the total amount deposited with the OP No- 1 & 2 and hence, this case is disposed of on the following directions.
ORDER
The OP No- 1 & 2 are directed to disburse an amount of Rs. 51,156/- (Rupees fifty one thousand one fifty six) only to the complainant out of the deposited amount Rs. 4,09,248/- (Four Lakhs nine thousand and two forty eight) only together with interest @ 9% per annum from 02.07.2013 till realization and the OP No- 1 & 2 are also liable to pay Rs 3,000/- (Rupees three thousand) only towards the litigation expense and mental agony to the Complainant within one month from this order failing which an interest @ 12% per annum will be realized thereafter on the principal amount of Rs. 51,156/- (Rupees fifty one thousand one fifty six) only from the OP No- 1 & 2.
Pronounced in open forum today on this 15th day of February,2019.
Member President
