Tamil Nadu

South Chennai

CC/374/2016

K.Narasimhan - Complainant(s)

Versus

The Tasildar, Taluk Office and TN Cable TV E service centre - Opp.Party(s)

Party in Person

17 Jul 2017

ORDER

                                                                        Date of Filing :   03.10.2016

                                                                        Date of Order :   17.07.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO. 374/2016

MONDAY THIS  17^TH   DAY OF JULY 2017

K. Narasimhan Advocate,

ASI Citadal Flats, 142, 5^th Street,

Ram Nagar, Velachery,

Chennai – 42.                                               .. Complainant

                                        ..Vs..

 

1. The  Tasildar,

Taluk Office,

Sriprumbudur. 

 

2. The Tamil Nadu Cable TV E Sewa Maiam,

Madipakkam,

Chennai 600 091.  .                                     ..  Opposite parties.

 

 

For Complainant                      :    Party in person.

For the opposite parties 1 & 2   :    Exparte.

 

ORDER

THIRU. M. MONY, PRESIDENT

          This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to issue patta for the plots and also to pay a sum of Rs.25,000/- for mental agony  and also to pay cost of the complaint.

 

 1. The averment of the complaint in brief are as follows:

         The complainant submit that  he purchased plot No.144 and 145 totaling 1200 sq. ft. in Agraharam layout in Survey No.1/4, in Malaipattu Village near Manimangalam from Mr.Subramanian.  The said plots were duly approved by DTCP and was registered as document No.5507/2014 of SRO Sunkuvar Chatram.    The complainant also state that he submitted application to the opposite party Tasildar Sunkuvarchatram by sending the sale deed document and encumbrance certificate along with fee receipt for Rs.500/- paid at Tamil Nadu Government E Sewa Maiam on 15.7.2016 at Madipakkam, Chennai 91.    Further the complainant sent copy of the application for patta along with documents and receipt for payment to the Tasildar Sriperumbudur on 27.7.2016.  However the opposite party has not issued patta for the plots at Malaipattu till this day.     As  such the act of the opposite parties amounts to gross deficiency in service and thereby caused deficiency in service and mental agony to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite parties 1 & 2  did not appear before this forum and therefore they were set exparte.  

 

3.     Though the 1^st  & 2^nd  opposite parties remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A4  are marked. 

5.     The points for the consideration is:  

1. Whether this forum have territorial  jurisdiction to try

    the case ?

 

2.   Whether the complainant is entitled to issue patta with compensation of Rs.25,000/- with cost as prayed for ?

 

POINTS 1 & 2 :-

        The complainant pleaded in the complaint and contended  in the written arguments that he purchased plot No.144 and 145 totaling an extent of 1200 sq. ft. in Agraharam layout in Survey No.1/4, in Malaipattu Village near Manimangalam  from one Mr.Subramanian.   The said plots were duly approved by DTCP and was registered as document No.5507/2014 of SRO Sunkuvar Chatram.   Further the complainant contended that he has submitted an application before Tasildar, Sriperumbudur for issue of patta as per Ex.A2.    The complainant also paid Rs.500/- for such patta as per Ex.A1.   Even after  repeated requests and demands, the 1^st opposite party  has not issued Patta till date.   The complainant impleaded Tamil Nadu Cable TV E SEWA Maiam, Chennai-91 as 2nd opposite party without any prayer or relief against it only on the averments that Rs.500/- paid through E Sewa Maiam .  But Ex.A1 payment is made only for issue of patta not for issue of Cable T.V. connection.   The complainant prayed only for the relief of Patta and Encumbrance Certificate it shall be issued only by Tasildar, Sriperumbudur alone.  The Tasildar, Sriperumbudur 1^st opposite party is within jurisdiction of District Consumer Disputes Redressal Forum, Chengalpattu.  This forum having no territorial jurisdiction to try this case. 

As per Section 11 (2) (a)  of the Consumer Protection Act 1986 read as follows:

11. Jurisdiction of the District Forum:-

            (2) A complaint shall be instituted in a District Forum within the local limits of whose jurisdiction,

(a) the opposite party or each of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides or [carries on business or has a branch office or] personally works for again; or

(b) any of the opposite parties, where there are more than one, at the time of the institution of the complaint, actually and voluntarily resides, or [carries on business or has a branch office] or personally works for gain, provided that in such case either their permission of the District Forum is given, or the opposite parties who do not reside, or [carry on business or have a branch office] or personally work for gain, as the case may be acquiesce in such institution ; or

                        (c ) the cause of action, wholly or in part, arises.

Since the 2^nd opposite party has no role in this case of issue of patta or Encumbrance Certificate.   Considering the facts and circumstances of the case this Forum is of the considered view that this forum having no jurisdiction to try this case. Therefore  complainant is not entitled for any relief as prayed for in the complaint and the points 1 & 2 are answered accordingly. 

             In the result this complaint is dismissed.   No cost.

  Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  17^th  day  of  July 2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainants” side documents:

Ex.A1-         -       - Copy of receipt issued by the Tamilnadu E Sew Maiam.

Ex.A2-         -       - Copy of Application for patta with E.C.

Ex.A3-         -       - Copy of Regd. Sale Deed.

Ex.A4-         -       - Copy of letter to the opposite party.

Opposite parties’ side document: -   

.. Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.