Karnataka

Chitradurga

CC/189/2018

D.Gangadharappa S/o Durgappa - Complainant(s)

Versus

The Muncipal Commissioner - Opp.Party(s)

Sri.P.S. Sathyanarayana Rao

24 Jan 2019

ORDER

COMPLAINT FILED ON:29.09.2018

DISPOSED  ON:24.01.2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:189/2018

 

DATED:  24^th JANUARY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :    PRESIDENT                            B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI:

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT	D.Gangadharappa, S/o Durgappa, Major, Revenue Department, C/o Bheemanna 11th Cross, IUDP Layout, Chitradurga.   (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Municipal Commissioner, City Municipal Council, Chitradurga.   2. The Deputy Commissioner, Chitradurga.   (Rep by Sri.M. Umesh, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to allot another suitable site in place of previously allotted to the complainant, to pay Rs.50,000/- towards compensation with interest @ 12% p.a from the date of change of khata in favour of the complainant, Rs.10,000/- towards mental agony, Rs.5,000/- towards costs  and to grant such other reliefs.

2.     The brief facts of the case of the above complainant is that, on 14.05.1988, the OP has allotted sites under integrated city development project in the layout bearing site No.259 in Re.sy.No.84(P), 87(P), 91(P) and 133 situated at right side of Kelagote, Poona-Bangalore road, Chitradurga measuring East-West 25 fts and North-South 30 fts having boundaries East-West road, West site No.258, Soth site for a valuable consideration amount of Rs.1,650/- to the complainant and the same has been registered in the name of complainant on 08.09.1988 before Sub-Registrar, Chitradurga and delivered in possession to the complainant under Khata No.259, assessment No.5349/5196/11952/259 and got mutated in the name of complainant on 09.12.1988 vide endorsement No.F.No.6419/88-89.  It is further submitted that, the complainant is paying house tax regularly from 2002-2003.  Thereafter, the complainant approached and requested the OP to got mark the site No.259.  Staff of the OP visited the spot and informed that, there is a mistake in measurement of the site, which is actually situated.  For that, the complainant requested the OP to rectify the mistake crept in the boundaries and to handover the site No.259.  Further the complainant approached the Deputy Commissioner and Chairman, IUDP, Chitradurga informing that the City Development Authority has reported that the site No.259 is measuring only 10 X 07 feets and requested the Chairman, IUDP, Chitradurga to allot the new site in suitable place in the Chitradurga City.  At last, the complainant approached and requested the OP on 18.06.2016 to allot new site in place of old site No.259 and again on 30.01.2018, the complainant requested the Deputy Commissioner/Chairman, IUDP, Chitradurga to allot new site in place of old site.  The OP has given endorsement that, the matter will be discussed in IUDP Committee Meeting and will be resolved and action will be taken accordingly, but it went in vain.  It is further submitted that, the complainant is a retired person having ambition to construct the house for dwelling purpose out of the retirement benefits.  But site No.259 is not existing to the measurement allotted to him, for that the complainant has incurred heavy financial loss, loss of time and energy in wandering, suffered mental agony and pain.  The act of the OP shows the deficiency in service, dereliction of duties towards the complainant.  The cause of action for this complaint arose on 14.08.2018, when the legal notice has been issued, which is within the jurisdiction of this Forum and prayed for allow the complaint.

3.     On service of notice to the Os, Sri. M. Umesh, Advocate appeared on behalf of OP and filed version denying the allegations made in the complaint.   According to the version filed by the OP, it is submitted that, it is false to state that, the complainant is having ambition of construction of house in site No.259 and incurred financial loss and mental agony and the OP is not liable to pay compensation.  The complainant is not entitle for any relief as he has violated the terms and conditions of the Grant Certificate i.e., he has not constructed or apply for license within the period and this Forum has no jurisdiction to deal this matter.  It is submitted that, the complainant has requested the OP for alternate site, the same requires time to verify the site.  There is no relation of consumer and customer between the parties and the relief sought by the complainant is barred by limitation against the OP and hence, prayed for dismissal of the complaint.  

4.     Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-36 got marked.  OPs have not produced any affidavit evidence and no documents have been got marked and closed its side.

5.     Arguments heard.

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service, negligence and defective service to the complainant in delivering the site No.259 allotted to him measuring 25 X 30 feet situated at Kelagote, P.B. Road, Chitradurgsa and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

        Point No.1:- Partly in affirmative.

        Point No.2:- As per final order.

REASONS

8.     It is case of the complainants that, the OPs have formed the layout in sy.No.84(P), 87(P), 91(P) and 133 situated at Kelagote, P.B Road, Chitradurga and site No.259 measuring East-West 25 feet and North-South 30  feet having its boundaries East-road, West-site, North-site No.258 and south-site for a valuable consideration of Rs.1,650/- to the complainant on 14.05.1988.  After granting the site in favour of complainant, the OPs have issued sale certificate and registered the site in favour of complainant on 08.09.1988 before the sub-Registrar, Chitradurga.  After that, the complainant has obtained assessment mutation from the concerned authority vide Assessment No.5349/5196/11952/259, the same has been got mutated in the name of complainant on 09/12/1988 vide endorsement No.F No.6419/88-89.   There is no dispute between the parties that, the OPs have allotted site bearing No.259 formed in the layout in sy.No.84(P), 87(P), 91(P) and 133 situated at Kelagote, P.B Road, Chitradurga measuring 25 X 30 feet for a valuable consideration of Rs.1,650/-.  The OPs have also filed their version stating that, they have agreed about the site allotted in favour of complainant.  Further the OPs have taken a contention that, the complaint filed by the complainant is barred by limitation.  The OPs have denied that the complainant is having ambition of constructing the house in the above site and incurred financial loss and further denied that the complainant has not fallowed the terms and conditions of the sales certificate issued by the OP No.1.  No doubt the complainant has approached the OP No.1 for change of khata in favour of him as per the sales certificate issued by the OP No.1.  The OP No.1 has been changed the assessment in favour of the complainant vide Assessment No.5349/5196/11952/259 on 09.12.1988 vide Endorsement F No.6419/88-89.  After that the complainant has paid the tax regularly to the OP No.1 from 2002-03 to till date without fail.  On 17.11.2014 the complainant approached and requested the OPs to got mark the site No.259.  The staff of OPs visited the site No.259 and measured the same.  After measurement made by the staff of OPs, it was found that, the measurement of the site was not available at the spot and the staff of the OPs told to the complainant that, the availability of the site is measuring only 10 X 7 feet.  So, the complainant requested the OPs to allot the new site at suitable place in Chitradurga town.  But the OPs have not allotted the site in favour of complainant.  Again on 18.06.2016 and on 30.01.2018 the complainant requested the Deputy Commissioner to allot new site in place of old site, but the OPs never taken any care and the efforts of the complainant went in vain.  The complainant got issued legal notice to the OPs requesting to allot new site through RPAD, the same has been served to the OPs.  After service of the notice, they have not taken any care and not replied to the said notice.  As per the documents produced by the complainant, it clearly shows that, the OPs have allotted the site to the complainant and changed the kahta in favour of complainant, but the same is only a paper document and the site measuring 25 X 30 feet is not available physically in the spot.     

9.     We have gone through the entire documents filed by the complainant, those are marked as Ex.A-1 to A-37.  The documents shows that, the OPs have allotted site No.259 in the layout formed in sy.No. 84(P), 87(P), 91(P) and 133 situated at Kelagote, P.B. Road, Chitradurga measuring East-West 25 feet, North-South 30 feet having its boundaries East-road, West-site, North-site No.258 and south-site for a valuable consideration of Rs.1,650/- to the complainant on 14.05.1988.  Accordingly, the OPs have issued sales certificate in favour of complainant and registered the same on 08.05.1988 before the Sub-Registrar, Chitradurga.  After that the complainant approached the OP No.1 to effect the document as per sales certificate.  The OP No.1 has changed the mutation in favour of the complainant vide Assessment No.5349/5196/11952/259 and endorsement also issued on 09.12.1988 vide Endorsement F. No.6419/88-89 and accordingly, the complainant has paid tax regularly to the OP No.1 from 2002-03 till today without fail.  On 17.11.2014, the complainant has requested the OPs to got marked the site No.259.  Then the staff of the OPs have visited the spot and measured the site and found that, the measurement of the site No.259 measuring 25 X 30 feet is not available and availability is only 10 X 7 feet only.  As per the documents issued by the OPs, it clearly shows the measurement at 25 X 30 feet.  The complainant has approached the OPs so many times to allot another site anywhere in Chitradurga Town, but the OPs have failed to allot the new site, which is a deficiency of service on the part of OPs.  The complainant is a retired employee and getting pension from the Government and he is a poor person, he cannot able to get the new site from others in Chitradurga Town from the said amount.  Therefore, the complainant is put to great loss and mental agony.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

          10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

It is ordered that, the OPs are hereby directed to allot a suitable site in place of site allotted previously to the complainant within the Chitradurga Municipal limits.  Further, the OPs are hereby directed to pay a sum of Rs.25,000/- as compensation to the complainant towards expenses incurred for change of khata in site No.259, which was previously allotted by the OPs.

Further it is ordered that, the OPs are hereby directed to pay a sum of Rs.5,000/- towards mental agony and Rs.5,000/- costs of the proceedings.

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

            (This order is made with the consent of Lady Member after the correction of the draft on 24/01/2019 and it is pronounced in the open Court after our signatures)     

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Allotment letter dated 14.05.1988
02	Ex-A-2:-	Sales Certificate dated 08.09.1988
03	Ex-A-3:-	Endorsement dated 09.12.1988
04	Ex-A-4:-	Lay out map
05	Ex-A-5:-	E.C dated 30.10.2015
06	Ex-A-6:-	Form-15
07	Ex-A-7 to 25:-	Tax paid receipts
08	Ex-A-26:-	Registration Letter
09	Ex-A-27 & 28 :-	Letter to OP No.1 by complainant dated 17.11.2014 and 12.12.2014
10	Ex-A-29:-	Letter to OP No.2 dated 15.09.2016
11	Ex-A-30:-	Endorsement dated 14.05.2015
12	Ex-A-31:-	Endorsement dated 06.06.2016
13	Ex-A-32:-	Letter tp OP No.1 dated 18.06.2016
14	Ex-A-33:-	Endorsement dated 14.05.2015
15	Ex-A-34:-	Letter to OP No.2 dated 30.01.2018
16	Ex-A-35:-	Legal Notice dated 14.08.2018
17	Ex-A-36:-	Postal Acknowledgement

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**