Date of Filing      : 12.03.2020

                                                                                                                            Date of Disposal: 30.06.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

 

 BEFORE  TMT. Dr.S.M. LATHA MAHESWARI, M.A.,M.L, Ph.D (Law)                            .…. PRESIDENT

                 THIRU. J.JAYASHANKAR, B.A, B.L.                                                                      ..… MEMBER-I

                 THIRU P.MURUGAN, B.Com,                                                                               ….. MEMBER-II

CC. No.22/2020

THIS THURSDAY, THE 30th DAY OF JUNE 2022

 

G.Yagarai, S/o.Gangatharan,

No.49, Vellalar Street,

Poorivakkam Village,

Uthukkottai Taluk, Thiruvallur District.

Pin -601 103.                                                                                           ……Complainant.

 

                                                 //Vs//

The Tahsildhar,

Office of the Tahsildhar,

Uthukkottai Taluk,

Thiruvallur District.                                                                            …..opposite party.

 

Counsel for the complainant                                      :   Mr.R.Jeevanesan , Advocate.

Counsel for the opposite party                                  :   exparte

                         

This complaint is coming before us on various dates and finally on 14.06.2022 in the presence of Mr.R.Jeevanesan Advocate, counsel for the complainant , the opposite party remaining  exparte and upon perusing the documents and evidences, this Commission delivered the following: 

ORDER

PRONOUNCED BY TMT. Dr.S.M. LATHA MAHESWARI,   PRESIDENT.

 

The present complaint was filed U/S 12 of Consumer Protection Act, 1986 alleging deficiency in service on the part of the opposite party and to direct the opposite party to pay Rs.80/- the cost paid by him towards survey charges with Rs.1,00,000/- as compensation.  The deficiency in service alleged by the complainant was that in spite of paying necessary charges the opposite party failed to survey the land belonging to the complainant.

 

Summary of facts culminating into complaint:-

 

The crux of the complainant was that on 25.01.2019 to survey the land belonging to the complainant comprised in Survey No.383/2C, 383/3A for an extent of 0.25 cents situated in Poorivakkam Village, Uthukkottai Taluk, Thiruvallur District and the necessary fees of Rs.80/- was also paid by the complainant, but in spite of the payment of necessary fees the opposite party failed to survey the land. In respect of the same a petition was submitted by the complainant to the District Collectorate Office on 17.06.2019.  Based on the order of the District Collector, the opposite party sent a summon dated 09.08.2019 to the complainant and fixed the date for survey on 20.08.2019 at 11 am after nearly one and half years from the date of paying the necessary fees. On receipt of summon, the complainant along with necessary documents appeared on 20.08.2019 at 11 am in the subject land.  However, the opposite party did not choose to be present along with the surveyor to survey the land.  Thus it is submitted that the irresponsible attitude of the opposite party was nothing but unfair trade practice and deficiency in service.  Thus a notice was issued to the opposite party but there was no reply given by his side and therefore the present complaint was filed for the reliefs as mentioned above.

The opposite party inspite of sufficient notice by post as well as paper publication did not appear and he was called absent and set exparte on 16.10.2020.

On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex.A5 was filed by the complainant in proof of his complaint allegations;

Point for consideration:

Whether the opposite party has committed any deficiency in service in not surveying the land belonging to the complainant in spite of receipt of the necessary charges from the complainant?

If so to what relief the complainant is entitled?

Point:1

On the side of the complainant following documents were filed in proof of his allegations;

The Settlement Deed dated 10.02.2012 executed by the father of the complainant in favour of the complainant was marked as Ex.A1;

The payment challan for Rs.80/- to survey the land made by the complainant dated 25.01.2018 was marked as Ex.A2;

The Monday Petition filed by the complainant with the District Collector with regard to the grievance of survey the land and to change the Patta was marked as Ex.A3;

Summon issued by the opposite party to the complainant with regard to the surveying the land on 20.08.2019 at 11.00 am and requesting the complainant and other land owners to be present along with necessary documents was marked as Ex.A4;

The legal notice issued by the complainant to the opposite party dated 13.12.2019 was marked as Ex.A5;

Heard the oral arguments adduced by the learned counsel for the complainant and the written argument submitted. It is submitted that on 25.01.2019 the complainant applied for surveying his land with the opposite party comprised in Survey No.383/2C, 383/3A for an extent of 0.25 cents situated in Poorivakkam Village, Uthukottai Taluk, Thiruvallur.  He had decided to do agricultural work after the survey of land but the opposite party never turned up to survey the land.  The complainant also made a Monday Petition to the District Collector, Thiruvallur about the act of the opposite party and for which the opposite party had issued a summon to the complainant to appear on 20.08.2019.  However, he did not turn up with the surveyor and thus failed the performing his duty.  Thus alleging negligence and deficiency in service on the part of the opposite party the counsel for the complainant prayed for complaint to be allowed.

Ex.A1 the Settlement Deed made in favour of complainant clearly shows that the land to be surveyed belongs to the complainant and Ex.A1 amply gives the particulars that the complainant by way of challan had paid the necessary fees of Rs.80/- for surveying his land to the opposite party.  It is seen that in spite receipt of necessary charges the opposite party had failed to perform his duty.  The payment of necessary charges was to be considered as consideration and the opposite party is obliged to perform his part of the survey.  

Further it is seen that as the opposite party failed to perform his part the complainant had filed a Monday Petition before the District Collectorate, Thiruvallur as Ex.A3 filed by the complainant.  Though by way of a measure to the Monday Petition to the District Collector, summons was issued by the opposite party fixing a date to survey the land and requesting the complainant and other land owners to be present on the date with necessary document, it is seen that the opposite party along with surveyor never turned up and thus had made the complainant to suffer by waiting throughout the day in the subject land and it is submitted by the complainant that when the complainant called the surveyor who informed him that he was not requested to come to the subject land but he was sent to some other land. Thus it is proved that the summon issued to the complainant that on the specific date the land was to be surveyed is a bogus one and was issued only to harass the complainant.

In the fact and circumstances we hold that even after receipt of the necessary charges, the act of the opposite party in not surveying the land and making the complainant run from pillar to post and not performing his duty clearly amounts to deficiency in service.  Thus we answer this point in favour of the complainant.  At this juncture we feel it is appropriate to reproduce the guidelines issued by the Hon’ble High Court in the matter of Asaithambi Vs The Revenue Divisional Officer & others in W.P.(MD) No.13465 of 2020 and WMP (MD) No.11228 of 2020 rendered on 05.10.2020 with regard to survey of lands in his Lordship’s words as follows;

7. At this juncture, this Court thinks it fit to draw certain guidelines to be followed, in respect of survey of the properties in future by the authorities concerned, which are as under:

i) On receipt of charges towards Survey or Resurvey, it should be conducted within a period of 30 days from the date of such receipt and in case of failure on the part of the authorities to do so, the cost of application shall be returned to the parties, apart from recovery of a sum of Rs.2,500/- from the salary of the concerned Officials, responsible for execution of the job and also initiation of departmental proceedings against them and those errand officers must be identified and placed under suspension and even dismissed from service for their misconduct, dereliction of duty, showing no devotion to work, lack of integrity, so as to deprive their entire gratuity and terminal benefits under the head "moral turpitude", thereby failing to maintain absolute integrity in discharging his/her official duties. The details of such Officers stated supra together with his / her Aadhar Number shall be incorporated and adverse remarks shall be entered in the Service Register of the concerned Officers, so as to deprive their further promotions in their career. In case of failure to do survey, the concerned Official / Surveyor shall be displaced to a non-sensitive post;

 ii) A Register shall be maintained, in which details, such as name of the person, who has gone for survey, area of survey, date of survey, completion of survey, reason for not surveying the property, etc., should be http://www.judis.nic.in  W.P.(MD)No.13465 of 2020 entered periodically and verified by the Superior Officer. The complete details shall be available to the parties concerned or any person, when required under the Right to Information Act and Section 8 of the said Act or any other provision shall not be quoted to deprive the details to the person, who requires it;

(iii) The Respondents 1 to 4 shall make use of Drone Technology in order to conduct accurate survey of the property, which will throw light with regard to encroachment on Government lands, like OSR, Public Roads, Parks, Lakes, Odai, etc.

(iv) Pendency of litigation before Courts is not a bar for the authorities to conduct survey or resurvey in the absence of any stay / interim order / interim injunction from proceeding further;

(v) In cases relating to pending civil dispute, the parties are at liberty to approach the appropriate forum for conducting Survey or Resurvey of the property in question by making necessary application and the same shall be considered by the appropriate forum in accordance with law;

(vi) The entire process of survey or resurvey shall be photographed and videographed by the authorities concerned even in the absence of suitable orders to that effect and the copies of documents shall be furnished to the parties concerned on receipt of necessary charges;

(vii) In the event of any public documents sought for by any of the parties in connection with the property in question, under the Right to Information Act, duly certified copies should be provided to such parties and it should not be denied by merely quoting some provisions of the RTI Act, more particularly, Section 8 of the said Act, unless there is any interim order operating against the parties concerned in respect of disbursement of the documents sought for by the parties. The name, designation, employment number, if any Aadhar Card details, shall be furnished in the certification;

(viii) It is needless to mention that obviously, the entire charges for survey or resurvey of the property shall be paid by the parties concerned or it should be equally borne them, depending upon the facts of each case. In case of delay on the side of the Authorities, the costs should be borneby http://www.judis.nic.in  W.P.(MD)No.13465 of 2020 them from their personal funds;

(ix) A constant vigil at the Officials of every Revenue Departments is absolutely necessary to regulate the revenue related works and the Vigilance Department shall be brought into action to curb the demand of bribe by them, especially Surveyors;

(x) In case of request for issuance of Patta after survey, apart from the aforesaid guidelines, the directions issued by this Court in W.P.(MD) No.7746 of 2020 batch on 23.09.2020 shall have to be adhered to;

(xi) The form or application for survey and issuance of patta shall be made available in the official website of the Government, on payment necessary fee through online/NEFT/RTGS by the concerned parties, which will put an end to the corrupt practice being followed by some of the Surveyors.  If any complaint is given by any of the applicant with regard to the demand of bribe, a detailed enquiry should be conducted and if required, vigilance enquiry can be set in motion.  Once payment for survey is made and receipt is generated, the guidelines issued by this court shall be made available to the applicants, so that each and every citizen is informed about their rights and duties.  The Government must ensure that the Department sends notice to parties, fixing the date and time of survey through speed post or Registered post and the ordinary post cannot be treated as proper service of intimation to the parties;

(xii) whenever a person is recruited and appointed as Surveyor aforesaid guidelines must be brought to their knowledge, by handing over a copy of the same to them and if any vacancy arises in the cadre of surveyor, it should filled up by the Government with immediate effort;

(xiii) The Register containing the particulars of survey shall be uploaded in the Website, so that the same can be verified by anyone online;

(xiv) Government is directed to issue a circular in this regard, incorporating the above additional guidelines within a period of one month from the date of receipt of a copy of this order.”

 

Point No.2:

As we have held above that the opposite party had committed deficiency in service we are of the view that the complainant should be compensated adequately for the mental agony and hardship suffered by him.  It is seen that the necessary fees has been paid by the complainant on 25.01.2018 but till today the opposite party had not surveyed the land belonging to the complainant and thus had made the complainant to wait for an extensive period and made him to suffer.  We are of the opinion that a compensation of Rs.10,000/- to the complainant would be proper, in the fact and circumstances.  We are also of the view that though the complainant had not prayed for a direction to direct the opposite party to conduct the survey, in the interest of justice and for issuance of an appropriate relief to the consumer/ complainant as the object of Consumer Protection Act was to give reliefs to the consumers, we direct the opposite party to conduct the survey within four weeks from the date of receipt of copy of this order. Thus, we answer this point accordingly.

 

In the result, this complaint is partly allowed directing the opposite party 

a)to survey the land comprised in S.No.383/2C, 383/3A for an extent of 0.25 cents situated in Poorivakkam Village of Uthukkottai Taluk, Thiruvallur District within four weeks from the date of receipt of copy of this order;

 b) to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for mental agony caused to the complainant;

c)  to pay a sum of Rs.5,000/- (Rupees ten thousand only) towards litigation expenses to the complainant. 

    Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this the 30th day of June 2022. 

 

                                                                                                                                              MEMBER-II                                           MEMBER-I                                     PRESIDENT

 

List of document filed by the complainant:-

 

Ex.A1 20.01.2012 Settlement Deed in favour of complainant. Xerox

Ex.A2 25.01.2018 Payment Challan. Xerox

Ex.A3 17.06.2019 Monday Petition Acknowledgement. Xerox

Ex.A4 09.08.2019 Summon from the respondent. Xerox

13.12.2019 Legal notice to the respondent and acknowledgement.

 

List of documents filed by the opposite party:- Nil

 

Sd/-                                                      Sd/-                                                           SD/-

 

MEMBER-II                                      MEMBER-I                                          PRESIDENT