Andhra Pradesh

Nellore

CC/83/2015

Parri Ramanaiah, S/o Subbaramaiah - Complainant(s)

Versus

The Executive Officer, Sri Subramanyeswara Swamyvari Devasthanam - Opp.Party(s)

Dama Prabhakar Rao

24 Feb 2016

ORDER

Date of Filing     :21-05-2015

                                                                                                Date of Disposal:24-02-2016

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM:NELLORE

Wednesday, this the 24^th day of   February, 2016

 

PRESENT: Sri M. Subbarayudu Naidu, B.Com.,B.L.,LL.M.,President(FAC) & Member                            

                   Sri N.S. Kumara Swamy, B.Sc.,LL.B., Member.

 

C.C.No.83/2015

 

Parri Ramanaiah, S/o.Subbaramaiah,

Hindu, Aged 62 years,  Residing at Mallam Village,

Chittamuru Mandal, S.P.S.Nellore District.                                        ..… Complainant    

 

                                                                           Vs.

 

1.	The Executive Officer, Sri Subrahmanyeswara Swamyvari Devasthanam, Mallam Village,  Chittamuru Mandal, S.P.S.Nellore District.
2.	The Tahsildear, Chittamuru Mandal, S.P.S.Nellore District.                                                             ..…Opposite parties

                                                              .  

            This complaint coming on 09-02-2016 before us for hearing in the presence of                Sri Dama Prabhakar Rao, advocate for the complainant and opposite parties 1 and 2 are called absent  and having stood over for consideration till this day and this Forum made the following:

 

ORDER

(ORDER BY  Sri N.S. KUMARA SWAMY, MEMBER)

 

 

This Complaint is filed under Section-12 of Consumer Protection Act, 1986 prays to  direct the opposite parties to pay the damages and compensation of Rs.3,00,000/-                    at  Rs.60,000/- per year for a period of 5 years; directing the 2^nd  opposite party to measure the extent  and  fix up the boundaries as per the challan paid by the complainant, costs and such other further reliefs.

 

          2.           The brief averments of the complaint that complainant is the  successful bidder in the public auction conducted by the 1^st opposite party for the lease hold rights of the land pertaining to an extent of  Ac.3.32 cents of  land in survey No.11 of Pittivanipalli Village, Chittamuru Mandal, S.P.S.Nellore District.  The said lease hold rights is for a period of three years.  Immediately after the auction was conducted, the complainant made a request  to the 1^st opposite party for handovering the physical possession of the above said land as there is boundary dispute with the adjoining land owners.  The 1^st opposite party did not  respond to handover the said land  but used to collect the maktha  every year through the said land. 

 

            3.         The 1^st opposite  party advised the complainant to approach the 2^nd opposite party for  measurement and  fixing the boundaries.  Accordingly, the complainant paid Rs.285/-  under mee-seva receipt No.5028672, dated 03-01-2014 to the 2^nd opposite party with a request to measure the land and fix the boundaries .  On several requests made by the complainant, the 1^st opposite party addressed a letter to the 2^nd opposite party on                       31-07-2014 requesting  him to  measure the extent and fix the boundaries.  But both the parties failed to render their services.  The complainant  paid the requisite fees on                   26-02-2015 though the said land was not handedover to the complainant but he paid maktha  every year to the opposite party at Rs.11,500/-.  In view of non-delivery of possession of the land, the complainant could not raise the paddy crop  and did not get any income there from.  An account of  non-delivery of the land, the complainant sustained loss of Rs.60,000/- per year  i.e., from the year 2010 to 2015 i.e., for a period of five years  totaling Rs.3,00,000/- .  Due to the non-payment of the said amount, the opposite parties are liable to reimburse the loss.  Further, the complainant is a Consumer under Consumer Protection Act and this Forum has got jurisdiction to entertain the complaint.  Hence, the complaint is filed for deficiency of service on the part of opposite parties.

 

4.         The 1^st and 2^nd opposite parties  called absent evnethough notices were received.   No representation on their behalf and the case is proceeded with on merits.

 

            5.         The points for determination would be:

1. Whether there is any deficiency in service on the part of opposite parties, if so?  Whether the complainant is entitled for the relief as prayed for?
2. To what relief?

 

 6.        To substantiate the evidences on both sides, the complainant filed evidence on affidavit as PW1 and marked ExA1 to A5. On the other hand, the opposite parties called  absent, no representation on their behalf. The complainant filed written arguments.  Heard.

 

 

           7.          POINT No.1:From the records  it is disclosed that  the complainant  participated in the auction of the lease hold rights of the  land  to an extent of Ac. 3.32 cents of land in Survey No.11 of Pittivanipalli Village, Chittamuru Mandal, S.P.S.R.Nellore District and became a successful bidder of the said lease hold  rights of land for a period of three years.  Since he is the highest bidder in the said auction, he made a request to the 1^st opposite party to measure the said land  and fix up the boundaries  and to handover physical possession of the said land as there is  a boundary dispute  with the  adjoining land owners.  Since the 1^st opposite party  evaded to  handover the  said land he filed a case before this Forum for payment of compensation of Rs.3,00,000/-  and directing the 2^nd opposite party to measure the extent and fix up the boundaries as per challan paid by him and for costs. 

 

            8.         It is an admitted fact that on seeing the letter dated 31-07-2014 written by                      1^st opposite party i.e., Executive Officer, Subrahmanyeswara Swamyvari Devasthanam,  Mallam Village, Chittamuru  Mandal, Nellore District  which was addressed to the  Tahasildar, Chittamuru Mandal, Nellore District  wherein it was disclosed that the disputed land was knocked down in favour of complainant as he is the highest bidder in the public auction.  Perused the records.

 

            9.         In order to avoid filing of the  suit by paying court fee on the amount of damages claimed  by the complainant, the complainant has approached this Forum and adopted a shortcut method of achieving his object of getting damages.  The relationship of the  parties are  lessor and lessee.  The transactions are  bilateral transactions between the lessor and lessee, who are having certain duties and liabilities  on their part  as specified in Section-108 of  Transfer of Property Act.  The terms of lease are governed by lease deed.  When any such terms of lease deed is violated  the affected party can approach  a civil court and to obtain appropriate relief for claiming damages.  In this case for adjudication of the  dispute between the parties, it requires elaborate evidence to decide the matter  and the said dispute  will be decided only by Civil Court.  Further this Forum is trying the cases in a summary procedure. The above case is on hand is purely civil nature. The bilateral contract between lessor  and lessee will not come under the purview and definition of  Consumer Protection Act. 

           

 

10.       Instead of filing  a civil suit  for obtaining damages, the complainant  filed this case before this Forum for damages since there is no relationship of  Consumer and also no deficiency of service on the part of opposite parties,  the present complaint lacks bonafidies.  Accordingly, point No.1 is answered.

 

            11.       POINT No.2:  In the result, the complaint is dismissed without costs.

 

Typed to the dictation to the Stenographer, corrected  and pronounced by us in the open  Forum, this the 24^th day of  February, 2016.

 

 

                Sd/-                                                                                          Sd/-

           MEMBER                                                                               PRESIDENT(F.A.C.)

 

                                                APPENDIX OF EVIDENCE

 

Witnesses Examined for the complainant

 

P.W.1  -

20-01-2016

Sri Parri Ramanaiah,  S/o.Subbaramaiah, Residing at Mallam Village, Chittamuru Mandal, S.P.S. Nellore District (Affidavit filed)

 

Witnesses Examined for the opposite parties

-Nil-

 

                             EXHIBITS MARKED FOR THE COMPLAINANT

 

Ex.A1  -	03-01-2014	Photocopy of  original receipt in Transaction No.T1426927449 in favour of complainant .
Ex.A2  -	26-02-2015	Photocopy of   mee-seva receipt  in  transaction No.TADER011500227373 in favour of complainant.
Ex.A3  -	-	Letter from complainant to the  District  Commissioner of Endowments, Nellore alongwith five speed post receipts.
Ex.A4  -	31-07-2014	Photocopy of  letter  No.NIL/2014 from  1st opposite party to the  2nd opposite party.
Ex.A5  -	-	Photocopy of  R & E Form Nos.62, 88  and 27,                       dated 26-07-2000, 28-07-2014 and 11-11-2013 respectively in favour of complainant issued by 1st opposite party.

 

                         EXHIBITS MARKED FOR THE OPPOSITE PARTIES

-Nil-

                                                                                                             Id/-                                                                                                         

                                                                                                            PRESIDENT(F.A.C.)

 

Copies to:

 

1.	Sri Dama Prabhakar Rao,  Advocate, Nellore.
2.	The Executive Officer, Sri Subrahmanyeswara Swamyvari Devasthanam, Mallam Village,  Chittamuru Mandal, S.P.S.Nellore District.
3.	The Tahsildear, Chittamuru Mandal, S.P.S.Nellore District.

 

Date when free copy was issued: