This complaint is coming on for final hearing before us in the presence of Sri K.Krishna Murthy, Advocate for the complainant and Sri K.Phalguna Rao (G.P.) Advocate for opposite parties and having stood over for consideration, the Forum made the following:-
O R D E R
This is a complainant filed under Section 12 of Consumer Protection Act seeking the relief to direct the 1st O.P. to depute the 2nd O.P. to conduct survey of the land covered by S.No.193/5 and to furnish report to the complainant and to pay a sum of Rs.5,000/- towards mental agony and physical discomforts on the following averments. The father of the complainant by name Karri Appalaswamy acquired dry land measuring Ac.0.19 cents in S.No.193/5 situated at Kothavalasa village and after his death the same was devolved upon the complainant as his daughter. The complainant has been in possession and enjoyment of the said land and that one Uggina Pydithalli purchased land in S.No.193/11 which situates on the western side abutting the land of complainant in S.No.193/5. The said Pydithalli started construction by encroaching some part of the land in S.No.193/5 inspite of protest made by the complainant.
The complainant gave a representation to the 1st O.P. on 21-7-2012 requesting them to conduct survey and on 2-7-2012 he paid a sum of Rs.250/- by way of treasury challan to conduct survey of her land covered by S.No.193/5. On 20-7-2012 the 2nd O.P. issued a notice to the complainant fixing the date 24-7-2012 to make survey in which he has mentioned the land to be surveyed as S.No.193/11 instead of S.No.193/5. The complainant requested the 2nd O.P. to conduct survey of land in S.No.193/5 but of no avail. The complainant got issued a notice to 1st O.P. on 4-12-2012 in this regard but to no effect. Hence, the complaint.
The 1st O.P. filed counter and the same was adopted by 2nd O.P. traversing the material allegations made in the complaint and have averred that after payment of required fee the 2nd O.P. conducted the survey and submitted report to the then Tahsildar on 24-12-2012 by following due procedure and in case the complainant had any grievance in respect of survey conducted, she has to prefer an appeal before the Deputy Inspector of survey but not to file a case in this Forum. Since there are no merits in the complaint the same is liable to be dismissed.
In support of complainants case she filed evidence affidavit and got marked Ex.A.1 to A.6. Heard the counsel for respective parties and perused the material placed on record. Now the point for consideration is whether the complainant is entitled to get the reliefs prayed for. It is the specific contention of the complainant that she being the daughter of Applaswamy became the absolute owner of Ac.0.19 cents in S.No.193/5, after his demise and one Pydithalli having purchased land in S.No.193/11 which is abutting on Western side of her land has encroached upon the land in No.193/5 to make constructions and though she paid necessary charges to get her land measured the O.Ps. did not measure her land. The respondents did not deny the ownership of complainant over the land in S.No.193/5 and also did not dispute about payment of necessary charges for getting the above said land measured. In the counter filed by O.Ps. they have simply stated that after payment of required fee the 2nd O.P. conducted survey as per procedure and submitted his report to the Tahsildar on 24-7-2012. They are not clear in their counter as to who paid the fee and as to the land in which survey number the said survey was conducted. The complainant has clearly stated that she has paid Rs.250/- for conducting survey of her land in S.No.193/5 but the 2nd O.P. issued a notice on 20-7-2012 stating that he would conduct survey in S.No.193/11 on 24-7-2012. The complainant filed the Xerox copy of ROR Pass Book and title deed and got the same marked as Ex.A.1 and Ex.A.2 to prove that the land in S.No.193/5 belongs to her father. She filed copy of Govt.Treasury Challan of Rs.250/- to show that she paid the necessary amount to get her land surveyed. She got filed the notice issued by 2nd O.P. dt.20-7-2012 and got the same marked as Ex.A.4 to show that the 2nd O.P. fixed the date to survey the land in S.No.193/11 on 24-7-2012. Ex.A.5 is the notice got issued by the complainant to the 1st O.P. stating that the surveyor has wrongly issued a notice to get the land measured in S.No.193/11 instead of the land in S.No.193/5.
The O.Ps. did not disclose in their counter as to the land in which survey (No.193/5 or S.No.193/11) the survey was conducted by the 2nd O.P. They have not adduced any evidence to prove that the land in S.No.193/5 was surveyed. Since the complainant has paid the required fee for getting her land in S.No.193/5 measured, there exists consumer and service provider relationship in between the complainant and O.Ps. and as the 2nd O.P. did not measure the land in S.No.193/5 there is any amount of dereliction of duties and deficiency in service rendered by him and as such the complainant has rightly filed the complaint seeking the relief to direct the O.Ps. to get her land measured.
In the result, the complaint/petition is allowed directing the 1st O.P. to depute the 2nd O.P. to conduct survey of land in survey No.193/5 and to submit his report and to pay a sum of Rs.100/- towards costs for causing inconvenience to the complainant.
Dictated to the Typist, transcribed by her, corrected by me and pronounced by us in the open Forum, this the 25th day of February, 2014.
Member President
CC. 10 of 2013
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For P.W.1 For R.W.1
DOCUMENTS MARKED.
For complainant:-
- Ex.A.1 Xerox copy of ROR pass book
- Ex.A.2 xerox copy of ROR title deed
- Ex.A.3 xerox copy of Govt.Treasury Challan for Rs.250/- dt.2-7-2012
- Ex.A.4 xerox copy of notice by 2nd O.P. dt.20-7-2012
- Ex.A.5 office copy of Regd.Lawyer notice dt.4-12-2012
- Ex.A.6 Original Ack., of document No.5
For O.P: NIL
President.
