Orissa

Debagarh

CC/29/2020

Tikeswari Kisan, aged about 42 years, W/O-Panu Chandra Kisan - Complainant(s)

Versus

The Tahasildar, Deogarh - Opp.Party(s)

15 Oct 2020

ORDER

IN THE COURT OF DISRICT CONSUMER DISPUTES REDRESSAL COMMISSION, DEOGARH

C.C Case No-    29/2020

Present-       Sri Dipak Kumar Mahapatra, President, Smt. Jayanti Pradhan, Member (W) and Smt. Arati Das, Member.

 

Tikeswari Kisan, aged about 42 years,

W/O- Panu Kisan,

Vill- Majhi Chakundapal,

P.O-Bharsing, P.s- Barkote, Dist-Deogarh,

At Present At-Mahuldhipa Sahi, Ward No-11,

P.O/P.s/Dist-Deogarh.                                                            …….Complainant

Vrs.

The Tahasildar, Deogarh,

At-Office of the Tahasildar,

P.O/P.S/Dist-Deogarh                                                             …...O.P

                        For the O.P -Sri D.Nanda (Authorised Person).

                                   DATE OF HEARING: 01.10.2020, DATE OF ORDER: 15.10.2020.

Sri Dipak Kumar Mahapatra, President-        Brief facts of the case is that the Complainant being the recorded owner of M.S Khatian No-299/343 of Mouja –Unit No.-8, she opted to convert the Kisam of Ac.0.04 dec. of lands in to Gharbari Kisam out of the plot no-727 (Kisam- Berna Sadharana) measuring an area of Ac.0.08 dec. and applied for Conversion in the office of the O.P. The Complainant has paid Rs.12,120/- towards conversion fees  as per the Govt. Rules. Necessary correction were made in the R.O.R manually and handed over the same to the Complainant after duly signed and sealed. To avail housing loan over the said Gharabari  Plot, the Complainant  submitted the R.O.R with the  concerned   authority   at  State  Bank  of  India,  Deogarh  who  verified

the same in Bhulekh Portal and refused to grant loan as the conversion of land is not showing in the Bhulekh Portal. The Complainant brought the matter to the notice of the O.P in writing on dtd.14.07.2020, who any way assured her to solve the problem and update the Khatian. But when for the long time the updated data was not uploaded in the Bhulekh Portal the Complainant deprived of loan benefit from any Bank and fell in financial crisis. According to the O.P, a case U/S-8(A) of OLR Act vide case no-02/2013 was initiated at the office of the Tahasildar after the receipt of application and the same was disposed on dtd. 19.01.2013 after collection of requisite conversion fees.  After a long period in the year 2020, the Complainant filed a petition as the conversion of land is not showing on Bhulekh Portal, the O.P. verified and noticed that the case has been disposed off in 2013 after making correction in the ROR manually  and  as the plot no-726/1689 is a by-plot, so there was no option for uploading the same in Bhulekh Software. When the Land Record Management System(LRMS) Portal came into existence in the year 2018 to facilitate  e-mutation (online mutation ) the working mode is changed from offline to online, leaving no scope for old 8(A) Conversion Cases hence the O.P could not upload the same. But the O.P claims that the Complainant could have approached the then Tahasildar and get the problem solved but she has approached late. After issuing letters to District Informatics Officer (DIO), National Informatics Centre (NIC), Deogarh two times vide letter no-2191 dtd.21.07.2020  and 2631 dtd. 20.08.2020 and visit of staff concerned the problem is resolved.

POINTS OF DETERMINATION:-

1. Whether the Complainant is comes under the purview of Consumer Protection Act.-2019?
2. Whether the O.Ps has committed any Deficiency in Service and unfair trade practice to the Complainant?

From the above discussion and material available on records we inferred that the Complainant comes under the purview of consumer of the O.P as he has paid requisite Govt. fees to the O.P for conversion of lands to Gharabari kisam which is a service rendered by the O.P. Though the O.P has converted the land in to a land, to be used as non-agricultural purposes and made necessary corrections in the ROR manually, he did not any initiative to make entries in the Bhulekh Portal which is the subject matter of this dispute. To avoid such types of complicacy, the Central Govt. has launched the Digital India Land Records Modernization Programme (DILRMP) as a Central Sector Scheme with cent per cent Central funding with effect from 1st April 2016 having two major components: (i) Computerization of land records (Record of Rights); (ii) Survey / resurvey and updating of the survey & settlement records . The main objectives are (a) to build upon the commonalities that exists in the arena of land records in various States; (b) to develop an appropriate integrated land information management system across the country which  includes Data Entry, Updation & Data Verification/Validation Process. As per Govt. of India guideline, a web portal was developed for monitoring and supervision of the  BHULEKH which provided ROR  information to general  public to strengthen their revenue administration and computerization of land records.  The several million cases relating to land disputes pending in the courts in India are due in part to the lack of comprehensive, up-to-date land records. In such a situation, discrepancies are often noted in land records due to which the property documents in several records do not match the position on the ground.  Hence the digitisation of their textual land records is important. The tasks entailed as part of this process are to- simplify/amend/revise/prepare the land records, manuals, ROR formats; standardise the codifications, and feature codes, among other things; confer legal sanctity to the computerised land record extracts as the official records; and discontinue manual land record writing and the issuing of hand-written copies of the RORs once the computerised system stabilizes. The conversion of land done in the year 2013 and the LRMS portal came in to force in the year 2018 where each and every case are proceeded only in online mode where there is no scope for old data entries. Though the O.P pleaded that there was no scope for old entries but after receiving a written complaint from the Complainant on dtd. 14.07.2020, the O.P wrote letters to the DIO, NIC, Deogarh two times to upload the data in the Bhulekh web portal. On dtd. 14.09.2020, the O.P has filed before this Commission, a copy of letter No-2638 dtd.20.08.2020 which was addressed to the DIO, NIC, Deogarh which is signed by the O.P mentioning date 20.09.2020, which creates a doubt in mind about the genuineness of the document. The plea of the O.P that “the Complainant should have approached the then Tahasildar for the upload of the date in the Bhulekh Portal” is clearly indicates that the O.P has tried to shift the burden to escape from her responsibility. Again the O.P has taken initiative to upload the data regarding the conversion in the Bhulekh Portal only after receiving the notice from this Commission which proves gross negligence on the part of the O.P. for which, the Land Record Data did not appeared in the Bhulekh Portal for which the Complainant deprived of availing loan from Banks. Hence the allegation of “Deficiency in Service” made by the Complainant is proved against the O.P and we order as under:-

                                                                                ORDER

The Complaint petition is allowed. The O.P is directed to pay Rs. 10,000/-(Rupees Ten Thousand) as compensation Rs.2,000/- (Rupees Two Thousand) for mental pain and agony and Rs.2,000/- (Rupees Two Thousand) towards the cost of litigation within 30 (Thirty) days from receipt of this order, failing which, the Complainant is at liberty to proceed in due process of law.   

Order pronounced in the open court today i.e, on 15^th day of October-2020 under my hand and seal of this Commission.

Office is directed to supply copies of the Order to the parties free of costs receiving acknowledgement of the delivery thereof.

   I agree,                                                        I agree,

 

MEMBER.(W)                                             MEMBER                                          PRESIDENT

                                                            Dictated and Corrected

                                                                             by me.     

 

                                                                      PRESIDENT