Date of Filing : 11-03-2013
Date of Disposal : 02-07-2015
BEFORE THE DISTRICT CONSUMER FORUM, PRAKASAM DISTRICT AT ONGOLE.
PRESENT: SRI P.V. KRISHNA MURTHY, B.A., B.L PRESIDENT
SRI K. UMAMAHESWARA RAO, M.A., B.L., MEMBER
This the 2nd day of July, 2015
C.C.NO.23/2013
BETWEEN:
Thota Pushpa Latha,
W/o Late Thota Narasimha Rao,
D.No.3-112, Challamma Thota,
Tangutur Post,
Prakasam District. … Complainant.
AND
The Thasildar,
Tangutur post and Mandal,
Prakasam District. … Opposite party.
This complaint under Sec.12 of the Consumer Protection Act, 1986 coming on 25-06-2015 for final hearing before us in the presence of Sri D.Rajeswara Rao, advocate for the complainant and the opposite party called absent and having stood over for consideration till this day and this Forum made the following:
ORDER
(ORDER BY Sri P.V. KRISHNA MURTHY, PRESIDENT)
1. The breaf averments of the complainant as are fallows:-
The husband of the complainant purchased land in Survey No.1243/1A of Tangutur. The complainant filed an application to the opposite party for measurement of the land and fixation of the boundaries and for laying boundaries stones around the said land. She paid an amount of Rs.250/- to the government. However, the opposite party did not take any action for getting the land measured. The complainant filed an application on 16.07.2012 to the grievance cell, District Collector in this regard. Even then no action was taken. The complainant made another application on 21.01.2013 to the Assistant Director, District Survey, Ongole. But, no action was taken. The complainant got issued legal notice also. Hence, the complaint for measurement of the land, fixation of the boundaries stones, for compensation and costs.
2. The opposite party did not contest the matter after receiving the notice.
3. Now the point for consideration is “whether the opposite party committed any deficiency of service”?
4. The complainant filed her affidavit and marked Exhibits A1 to A6. Ex.A1 is the copy of request letter dated 08.02.2012 to the Tahasildar, Tangutur. Ex.A2 is the copy of Chalana dated 08.02.2012. Ex.A3 is the copy of request letter to the Collector, Ongole, Prakasam District dated 16.07.2012. Ex.A4 is the copy of request letter dated 21.01.2013 to the Assistant Director, District Survey and Land Records, Ongole. Ex.A5 is the Copy of legal notice dated 25.02.2013 with acknowledgement copy. Ex.A6 is the copies of the Registered Sale Deed of Thota Narasimha Rao.
5. POINT: The complainant is requesting this forum to give a direction to the opposite party to measure her land and fix the boundary stones after identifying her land. Insidentally, she sought a compensation of Rs.75,000/-, damages of Rs.10,000/- and costs of Rs.5,000/-. The opposite party is not contesting the matter. Ex.A2 shows payment of Rs.215/- to the head of land revenue. Ex.A3 is a notice issued by the Mandar Surveyor to the complainant and to the neighboring land owners. Ex.A4 was another notice issued by the Mandal Surveyor dated 13.06.2012. Section 2(d) of the Consumer Protection Act 1986 defines a consumer. A consumer is a person who buys articles for consideration or hires or avails any services for consideration. The opposite party is a unit of the state machinery. The transition does not involve any consumer relationship. A person cannot allege consumer relationship with governmental machinery. There is no purchase or rendition of service by the opposite party. The law provides forum to appeal against the inaction of the opposite parties. Since the consumer dispute is not established, the complaint is not maintainable.
6. In the result, the complaint is dismissed but without costs.
Dictated to the Shorthand-writer, transcribed by her, corrected by me and pronounced in the open Forum this the 2nd day of July, 2015.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
COMPLAINANT OPPOSITE PARTY
NONE NONE
DOCUMENTS MARKED FOR COMPLAINANT:-
Ex.A1: 08.02.2012 : Copy of request letter to the Tahasildar, Tangutur.
Ex.A2 : 08.02.2012 : Copy of Chalana.
Ex.A3 : 16.07.2012 : Copy of request letter to the Collector, Ongole, Prakasam District.
Ex.A4 : 21.01.2013 : Copy of request letter dated to the Assistant Director, District
Survey and Land Records, Ongole.
Ex.A5: 25.02.2013 : Copy of legal notice with acknowledgement copy.
Ex.A6 :……….…....: Copies of the Registered Sale Deed of Thota Narasimha Rao.
DOCUMENTS MARKED FOR OPPOSITE PARTY :- NIL
PRESIDENT
Copies to:
1. Sri D.Rajeswara Rao, Advocate, Ongole
2. Thasildar, Tangutur post and Mandal, Prakasam District.
Date when free copy was issued:
