By Sri. MOHANDASAN.K, PRESIDENT
The complaint U/s 12 of the Consumer Protection Act 1986.
1 The complainant approached opposite party with various applications but there was no proper reply or service from the part of the opposite party and so the complainant alleges the act of the opposite party is against law and punishable. He alleges deficiency in service on the part of the opposite party. He produced documents and they are marked as Ext. A1 to A15 to prove his contentions. Exit. A1 is an order in C.C.138/2018 of this Commission dated 04/09/2018. Ext. A2 is photo copy of letter issued by the opposite party to the complainant directing to produce 6 documents to ascertain the owner ship of a building situate in 9th ward as number 623 in Thavanoor Grama Panchayath. Ext. A3 is photo copy of tax receipt in respect of land comprised in RS.504/4B dated 11/09/2018. Ext. A4 is copy of application for possession certificate dated 11/09/2018. Ext. A5 is copy of intimation issued from Akshya Centre. Ext. A6 is copy of application for possession certificate. Ext. A7 is copy of letter issued by village officer Thavannor to the complainant. Ext. A8 is copy of application for fixing the boundary. Ext. A9 is copy of tax receipt in respect of land comprised in RS.504/4B, 504/1B2, 503/1. Ext A10 is notice to the complainant by the Thavanoor Grama Panchyath to the complainant dated 06/02/2019. Ext. A11 is copy of explanation given by the complainant before the V O Thavannoor . Ext. A12 is the copy of notice issued from V O Thavannor to the complainant. Ext. A 13 is the copy of explanation submitted by the complainant before the Tahsildar Ponnani. Ext. A14 is copy of application under RTI Act before Tahsildar Ponnani . Ext. A15 is copy of application submitted before the Tahsildar Ponnani to the complainant.
2. The prayer of the complainant is to give direction to the village officer Thavannoor to act legally on the application submitted by the complainant before the opposite party and also direct the Tahsildar Ponnani to Act on Ext. A13 and 14. The complainant also prays that if the possession certificate is not able to issue to the complainant in respect of IX/623 sawmill, direct the government pleader to examine the document and to get legal opinion. The complainant prays compensation of Rs.1,00,000/- and also appropriate actions against the opposite party on account of illegal acts of opposite party.
3. On admission of the complaint notice was issued to the opposite party and the opposite party entered appearance and filed version in detail. The opposite parties examined the documents and averments in the complaint in detail and filed version denying the entire averments and allegations.
4. The opposite parties contented that the complainant filed almost 26 applications and for that the first opposite party had given proper reply on appropriate occasions. According to the opposite parties the basic complaint is in respect of a saw mill situate in R S.503/1 of Thavanoor grama panchayat Thrikkannapurm Amsom Thrirkkanapum desom with building No. IX/623. The opposite party explained in detail regarding the document 790/1975 and as per the 2016 application submitted by the complainant the property comprised is in R.S.504/4B. Thereafter in 2018 application the same sawmills is described as situate in R.S 503/1 as per document 266/1973. The brother of the complainant Mr. Bava Sharafuheen filed an application in the year 14/09/2018 before the opposite party and as per that the property situate in R.S.503/1 in the name of Brother Bava Sharafudheen. The opposite party on receipt of application in the year 2016 the opposite party enquired about and found that documents 790/1975 is in the name of complainant and his brother Mohammed Haneefa. The document described the extent of the property and also it was found that name of land owners also seen changed in the year 1978-79. As per the verification of the land there was considerable discrepancies in the document, survey numbers, extent and ownership due to that reason the first opposite party was not in a position to issue a certificate or details as prayed by the complainant. The complainant preferred applications before different authorities including the chief minister of the state. The complainant also approached the civil courts seeking remedies on the same issues. The first opposite party made earnest effort to provide reply as well as documents as prayed by the complainant. Due to inconsistent versions of the complainant in the applications and also rival claim on the property the first opposite party was not able to provide the documents as prayed by the complainant. The first opposite party wrote to the second opposite party for clarification and also approached government pleader. The government pleader issued legal opinion instructing the first opposite party not to issue possession certificate to the complainant. The opposite party acted legally and there was no question of deficiency in service against opposite parties and so the prayer is to dismiss the complaint.
5. The complainant and opposite parties filed affidavit and documents. Both sides filed notes of arguments also. The documents on the side of complainant marked as Ext.
A1 to A15. Documents on the side of opposite parties marked as B1 to B10.
6. The complainant and opposite parties heard in details, perused affidavit and documents and stood for consideration of the following points.
- Whether the complaint is maintainable?
- Whether there is any deficiency in service on the part of the opposite parties?
- Relief and cost?
7. Point No.1, 2 &3
The grievance of the complainant is that the opposite party did not provide possession certificate and other documents as stated in the complaint. Complainant produced various documents Ext. A1 to A15 to establish his complaint. The perusal of the documents it can be seen that there is dispute with respect to possession of the saw mill and also dispute with respect of survey number of the land. The complainant approached for possession certificate for the disputed building area. The opposite party made attempt to verify the documents and found that there are some vital civil disputes which is to be clarified. The opposite party was not able to arrive a conclusion about the disputes and so first opposite party sought clarification from the second opposite party and also from the government pleader. It can be also seen that there was a suit by the complainant before the Munsiff court regarding the same land.
8. The opposite party contented that a village officer is being government servant would be not liable to be proceeded against alleging deficiency of service on his default or failure to discharge his duties filing a consumer complaint. The opposite party discharging a sovereign function of the state with respect to official duties cast upon him. A consumer complaint alleging deficiency of service against a government servant on his failure or default in discharging his official duties is not maintainable before the consumer Commission.
9. The Commission finds that there is merit in the contention of the opposite parties. The root cause for this complaint is a civil dispute and, on that reason, the opposite party made attempt to verify the document and it was found that the application of complainant cannot be allowed as prayed. The opposite party made attempt to verify the exact position and ultimately got the legal opinion from the government pleader also. More over the complainant produced number of documents which cannot be evaluated by this commission in a summary proceedings. So, it will be proper for the complainant to seek remedy before appropriate authority considering the legal aspects. Hence, we find this complaint is connected with civil dispute and cannot be adjudicated by this Commission and so we dismiss this complaint with the liberty to complainant to approach appropriate authority for the redressal of grievance. The parties will suffer cost.
Dated this 25th day of March, 2022.
MOHANDASAN.K, PRESIDENT
Mohamed Ismail. C.V, Member PREETHI SIVARAMAN.C, MEMBER
APPENDIX
Witness examined on the side of the complainant: Nil
Documents marked on the side of the complainant: Ext .A 1 to A15
Ext.A1: Order in C.C.138/2018 of this Commission dated 04/09/2018.
Ext.A2: Photo copy of letter issued by the opposite party to the complainant directing to
Produce 6 documents to ascertain the owner ship of a building situate in 9th ward
as number 623 in Thavanoor Grama Panchayath.
Ext A3: Photo copy of tax receipt in respect of land compressed in RS.504/4B dated
11/09/2018.
Ext A4: Copy of application for possession certificate dated 11/09/2018.
Ext A5: Copy of intimation issued from Akshya Centre
Ext.A6: Copy of application for possession certificate. Dated 16/10/2018
Ext.A7: Copy of letter issued by village officer Thavannor to the complainant dated
22/10/2018
Ext A8: Copy of application or fixing the boundary dated 29/10/2018
Ext A9: Copy of tax receipt in respect of land comprised in RS.504/4B, 504/1B2, 503/1.
Ext A10: Notice to the complainant by the Thavanoor Grama panchyath to the
complainant dated 06/02/2019.
Ext.A11: Copy of explanation given by the complainant before the VO Thavannoor
20/02/2019 .
Ext.A12: Copy of notice issued from V O Thavannor to the complainant.20/02/2019
Ext A13: Copy of explanation submitted by the complainant before the Thahzildhar
Ponnani dated 20/02/2019
Ext A14: Copy of application under RTI Act before Thahsildhar Ponnani dated
05/02/2019
Ext A15: Copy of copy of application submitted before the Thazhildhar Ponnani to the
complainant dated 19/03/2019
Witness examined on the side of the opposite party: Nil
Documents marked on the side of the opposite party: Ext. B1 to B 10
Ext.B1: Copy of application submitted the complainant before the V.O, Thavannoor
dated 08/08/2016
Ext.B2: Copy of application submitted the complainant before the V.O, Thavannoor .
Ext.B3: Copy of application before the Village Officer Thavannoor for Location sketch of
the sawmill.
Ext.B4: Copy of settlement register.
Ext.B5: Copy of application submitted before the Village Officer Thavannoor dated
30/10/2016.
Ext.B6: Photo copy of Appeal SUB court Tirur in AS 28/2019.
Ext.B7: Copy of letter issued by Government pleader to Thahizhildhar Ponnani dated
17/06/2019
Ext.B8: Copy of complaint submitted before the Hon’ble Chief Minister of Kerala by the
complainant 04/05/2019.
Ext.B9: Copy of Field number 504 sketch.
Ext.B10: Copy of field sketch No.495/1B,503/1,5041B,513 issued by Taluk Surveyor
Ponnani.
MOHANDASAN.K, PRESIDENT
Mohamed Ismayil. C.V, Member PREETHI SIVARAMAN.C, MEMBER
