DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678001, Kerala

Dated this the 13^th day of July, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC.No.85/2010

K.K.Krishnankutty,

S/o.K.K.Govindan Ezhuthassan,

Kolathodi House,

P.O.Amayur,

Pattambi. - Complainant

Vs

The Village Officer,

Koppam Village,

Pattambi. - Opposite party

O R D E R

By Smt.Seena.H, President

Complaint coming up for hearing on admission, the forum delivered the following:

Complainant has alleged deficiency in service on the part of the opposite party in not receiving the land tax of the complainant. Complainant submits that opposite party refused to receive the amount paid as land tax for the reason that the re-survey proceedings has not been completed. Complainant could not avail loan or sell his land due to the act of opposite party. Hence the complaint.

Complaint posted for hearing on admission. Heard the complainant.

Opposite party is a Village Officer. Collecting revenue is a sovereign function of the State. Opposite party is merely a functionary of the State. Complainant cannot be said to have hired the service of the opposite party. There is no consumer-service provider relationship in this particular matter. As per the Consumer Protection Act 'consumer' is a

person who has hired the service for consideration. Hence complainant cannot be said to have hired the service of the opposite party for consideration. Hence we hold the view that complaint is not maintainable before the forum.

In the result, without going into the merits of the case, complaint is dismissed. Complainant is directed to approach appropriate authorities for relief.

Pronounced in the open court on this the 13^th day of July, 2010

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Date of filing: 28/06/2010