DATE OF FILING :15.10.2010
BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI
Dated this the 28th day of January, 2011
Present:
SRI.LAIJU RAMAKRISHNAN PRESIDENT
SMT.SHEELA JACOB MEMBER
SMT.BINDU SOMAN MEMBER
C.C No.228/2010
Between
Complainant : Jayamol Santhosh,
Areeckal House,
Kuthumkal P.O,
Karimala- 685 566,
Konnathadi Village,
Idukki District.
(By Adv: V.C.Sebastian)
And
Opposite Parties : 1. The Tahsildar(RR),
Revenue Recovery Office,
Nedumkandam P.O,
Udumbanchola,
Idukki District.
2. The Village Officer,
Thankamany Village Office,
Thankamany P.O,
Idukki District.
O R D E R
SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
The complainant participated in an auction sale of property conducted at the 2nd opposite party's office on 9.10.1998. 39.5 cents of property in Survey No.1/1 of Thankamony Village was confirmed in the name of the complainant in that auction with an amount of Rs.8,300/-. The complainant paid the entire amount to the opposite party and the sale was confirmed to the complainant as per the order of Sub Collector, Devikulam as Order No.B7-454/2000 dated 14.3.2000. So the complainant approached the opposite parties to get the documents in favour of the complainant and also for conducting mutation of the property in the name of the complainant. The opposite party requested time for the same when the complainant approached them for the same. Several times the complainant approached the opposite parties and also at Devikulam Sub Collector's office in order to get the same. So that it is revealed that the 1st opposite party is the person who entrusted for writing the title deed in the name of the complainant and the complainant sent a letter as per Right to Information Act to the 2nd opposite party on 18.6.2009. A reply was received stating that the confirmation file was missing from the opposite party. So this petition is filed for getting the title deed of the property auctioned in favour of the complainant and also for compensation.
2. The opposite parties are exparte.
3. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to?
4. The evidence consists of the oral testimony of PW1 and Exts. P1 to P5 marked on the side of the complainant.
5. The POINT:- As per PW1, who is the complainant, 39.5 cents of land in Survey No.1/1 of Thankamony Village was confirmed in the name of the complainant in an auction sale conducted at the 2nd opposite party's office on 9.10.1998 for an amount of Rs.8,300/-. The complainant paid Rs.1,245/- on 9.10.1998 and Rs.7,055/- on 24.12.1998 for the same and receipts issued by the 1st opposite party is marked as Ext.P1. The Sub Collector, Devikulam has confirmed the auction sale of the property in the name of the complainant on 14.3.2000. Copy of the Order is marked as Ext.P2. After that the complainant produced stamp paper for Rs.830/- for getting the title deed of the property in the name of the complainant as per the auction confirmation order of the Sub Collector, Devikulam as No.B7-454/2000 dated 14.3.2000. But the opposite party never tried to issue the title deed in the name of the complainant even after 11 years. So the complainant filed an application to the 1st opposite party on 20.5.2009 stating that legal action would be initiated against them for the same. Copy of the same is marked as Ext.P3. PW1 filed an application before the 2nd opposite party as per Right to Information Act on 18.6.2009 and a reply was received from the 2nd opposite party stating that the concerned file is not with the Village Office. Copy of the reply is marked as Ext.P4. The reply was received from the Revenue Divisional Office, Devikulam for the application filed by the complainant as per the Right to Information Act, stating that the property auctioned has been confirmed in the name of the complainant as Order No.B7-454/2000 dated 14.3.2000 and the sale deed has been signed on 28.1.2002 as per No.B7-643/01 and it was authorised to the Revenue Recovery Thahsildar to execute the sale deed, a letter was also issued with the same to the Thahsildar on 25.3.2002 and the acknowledgement card for the same was received by this office, on 2.4.2002. The letter was issued by the Sub Collector and Public Information Officer, on 28.10.2009 from the Revenue Divisional Office, Devikulam.
So it is very clear that the auctioned property has been confirmed in the name of the complainant by the Sub Collector and an Order was issued to the 1st opposite party for executing the sale deed in favour of the complainant by the Sub Collector. Various applications are filed by the complainant to the 1st opposite party, but nothing was done from the part of the 1st opposite party. Even more than 11 years has been expired, the opposite party never issued the same to the complainant and it is a gross deficiency from the part of the opposite party. As per Ext.P4 reply issued by the 2nd opposite party to the complainant stating that the auction proceedings were conducted as per the file No.A3-2848/93 of the Revenue Recovery Thahsildar, Nedumkandam and the file was not available at the office of the 2nd opposite party. It means that the entire file and proceedings were initiated at the 1st opposite party's office and the 1st opposite party is the person who has to execute the same as per Ext.P5 letter written by the Sub Collector and Public Information Officer, on 28.10.2009. So the 1st opposite party should execute the documents in favour of the complainant, the complainant approached the opposite party's office several times for the last 11 years. The complainant was not able to sold out the property to any person or to mortgage the property for availing a loan because of the non-availability of the sale deed. It made mental agony and financial loss to the complainant. These matters are not challenged by the opposite parties in anywhere. So we fix Rs.10,000/- as compensation for the same and Rs.2,000/- as cost of this petition.
Hence the petition allowed. 1The ist opposite party is directed to execute the sale deed for 39.5 cents of land in Survey No.1/1 of Thankamony Village in the name of the complainant within one month of receipt of a copy of this order. The 1st opposite party is also directed to pay Rs.10,000/- as compensation and also Rs.2,000/- as cost of this petition to the complainant within one month of receipt of a copy of this order failing which the amount shall carry 12% interest per annum from the date of default.
Pronounced in the Open Forum on this the 28th day of January, 2011
SD/-
SRI. LAIJU RAMAKRISHNAN(PRESIDENT)
Sd/-
SMT. SHEELA JACOB(MEMBER)
Sd/-
SMT. BINDU SOMAN(MEMBER)
APPENDIX
Depositions :
On the side of Complainant :
PW1 - Jayamol Santhosh
On the side of Opposite Parties :
Nil
Exhibits:
On the side of Complainant:
Ext.P1(series) - Photocopy of Receipts dated 9.10.1998 for Rs.1,245/- and 24.12.1998 for Rs.7,055/-
Ext.P2 - Photocopy of order of Sub Collector, Devikulam dated 14.03.2000, for the confirmation of the auction sale of the property in the name of the complainant
Ext.P3 - Photocopy of complainant's application dated 20.05.2009 addressed to the Ist opposite party
Ext.P4 - Photocopy of reply letter of the 2nd opposite party dated 15.07.2009
Ext.P5 - Photocopy of letter dated 28.10.2009 issued by the Sub Collector and Public information Officer, Devikulam
On the side of Opposite Parties :
Nil
