This complaint coming up before us for hearing on 01-07-14                                in the presence of Sri S. Nirmal Babu, advocate for complainant;                         Sri L.V.S. Murthy, advocate for 2^nd opposite party and 1^st opposite party remained absent and set exparte, upon perusing the material on record, after hearing both sides and having stood over till this day for consideration this Forum made the following:-

O R D E R

Per Sri A. Hazarath Rao,  President:- The complainant filed this complaint under section 12 of the Consumer Protection Act seeking surveyors report or in the alternative damages of R.1,50,000/-.

2.   In brief the averments of the complaint are these:

        The complainant is in possession of 96 cents of land in S.No.16 of Ravela village since the time of ancestors.  But the extent was shown as 88½ cents in the passbook issued to him.   The complainant on 17-07-11 submitted his application to the Government to measure the land in his possession.   The 2^nd opposite party on 11-09-11 measured the land and informed him that the complainant is in possession of 96 cents of land.   But the concerned authority required the complainant to obtain surveyors report to incorporate the extent in his passbook.   In spite of repeated requests the opposite parties did not furnish copy of surveyor’s report.   The complaint therefore be allowed.

3.   The 1^st opposite party remained exparte.

4.  The contention of the 2^nd opposite party in nutshell is hereunder:

        The 2^nd opposite party on 11-09-11 measured the land of the complainant and his neighboring land owners and found the complainant enjoying 96 cents of land as against the extent of 88½ cents mentioned in the passbook.   The other pattadars of the same survey number namely Komati Rama Rao is in possession of 96 cents as against the extent of 98½ cents mentioned in passbook; Potluri Venkateswarlu and others are in possession of Ac.2.62 of land as against the extent of Ac.2.67 cents mentioned in passbooks.   The complainant herein has not inclined to part with 7 ½ cents of land excess in his possession.    The 2^nd opposite party informed the same to the concerned Tahsildar.

5.  Exs.A-1 to A-9 and Exs.B-1 to B-3 were marked on behalf of     complainant and 2^nd opposite party.  

6.   Now the points that arose for consideration in this complaint are:

        1.   Whether the opposite parties committed deficiency of service             or in    the alternative to have compensation of                                       Rs.1,50,000/-?

        2.  To what relief?

7.   Admitted facts in this complaint are these:-

        1. The complainant paid Rs.250/- by way of challan (Ex.A-1).

        2. The 2^nd opposite party after issuing notices measured the                  survey No.16 of Ravela village and found the complainant               is in possession of 96 cents (Ex.B-1).

        3. The 2^nd opposite party so measured the land of complainant               and other pattadars of survey No.16 of Ravela village on                             11-09-11.

        4. The Government of AP issued pattadar passbook to the                               complainant mentioning the extent as 88½ cents in Ravela                    village (Ex.A-8).

8.  POINT No.1:-    The complainant on 28-12-11 filed a petition before the Collector, Guntur district to enquire into the petition filed by      the complainant (Ex.A-3).  The complainant on 25-03-13 also brought to the notice (Ex.A-2) of the Tahsildar, Tadikonda Mandal for issue of passbook to an extent of 96 cents.   Ex.B-1 report of the surveyor (copy) revealed that Komati Rama Rao is in possession of 96 cents as against the extent of 98½ mentioned in passbook; Potluri Venkateswara Rao and two others are in possession of Ac.2.62 cents as against the extent of Ac.2.67 cents mentioned in passbook;  the complainant herein is in possession of 96 cents as against the extent of 88½ cents mentioned in Ex.A-8 passbook.   Ex.B-1 report further revealed that the 2^nd opposite party informed the same to the concerned Tahsildar.   The complainant did not file any document to show about he demanding copy of surveyors report.   Under those circumstances, the contention of the complainant mentioned in his affidavit about he demanding 2^nd opposite party for supply of surveyor’s report cannot be accpeted.

9.   The complainant originally sought the relief of pattadar passbook to the extent of 96 cents as per surveyor’s report.   When the Forum took an objection regarding maintainability of the complaint for the said relief the complainant sought surveyor’s report.   After receiving notices in this case the 2^nd opposite party filed copy of his report into the Forum and it is marked as Ex.B-1.   Under those circumstances, it cannot be said the opposite parties committed deficiency in service.   We therefore answer this point against the complainant.

10.  POINT No.2:-     In view of above findings on point No.1, in the result the complaint is dismissed without costs.    The complainant can obtain certified copy of Ex.B-1 if so required.

Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 3^rd day of July, 2014.

Sd/-XXX                          Sd/-XXX                                Sd/-XXX

MEMBER                                MEMBER                                       PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite party:   

                                                                                                                                                                                                                    Sd/-XXX

                                                                                             PRESIDENT

NB:   The parties are required to collect the extra sets within a month after receipt of this order either personally or through their advocate as otherwise the extra sets shall be weeded out.