C.C.No:139/2009

BETWEEN:

Gurrappadi Venkata Subbalaxmi,

D/o G. Prakasha Rao,

Dr.No.9-1-12,

R/o Court Street,

Ongole.

... Complainant.

Vs.

The Commissioner,

Ongole Municipality,

Ongole. …Opposite party.

COUNSEL FOR COMPLAINANT : SRI Ch. Ramesh Babu,

ADVOCATE, ONGOLE.

COUNSEL FOR OPPOSITE PARTY : K. NAGESWARA RAO,

ADVOCATE, ONGOLE.


This complaint is coming on 12.01.2010 for final hearing before us and having stood over this day for consideration this Forum delivered the following:

ORDER:

1. This is a complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986 against the opposite party.



2. The averments in the complaint are as follows:- The complainant is the daughter of Gurrappadi Surya Prakasa Rao, S/o Adhinarayana. The said Surya Prakasa Rao executed a registered will on 15.12.2003. It is mentioned in para 6th of the will that “After his life time, his second daughter Venkata Subbalaxmi shall have the right of residence and she shall enjoy the income from the above referred property during her life time with out any right of alienation”. The complainant’s father died on 25.07.2007 and his death was registered with Ongole Municipality. After the death of her father the complainant requested the opposite party to change the name in the Municipal Records and impose tax on her name. But the opposite party postponing the same on some pretext or the other. Hence, she is constrained to file the complaint.



3. The opposite party did not choose to file their counter.



4. On behalf of the complainant Exs.A1 to A4 were marked. Ex.A1 is the Xerox copy of Photographs and Fingerprints as per Section 32 A of Registration Act, 1908. Ex.A2 is the Xerox copy of certificate of Death. Ex.A3 is the endorsement letter dated 30.06.2009. Ex.A4 is the Xerox copy of application to the Opposite party by the complainant dated 31.12.2008.



5. Heard both sides.



5. The point for consideration is whether the complainant is entitled for the reliefs in the complaint?



6. As per the petition averments late Gurrappadi Surya Prakasa Rao was the owner of the houses bearing door No.9-1-12 and door No.8-3-36 of Ongole Town. He died on 25.07.2007. After the death of the original owner Surya Prakasa Rao some body has to pay the Municipal taxes. As per will executed by him the complainant shall have the right of residence and shall have right of enjoyment of the income from the said houses during her life time with out any right of alienation. After her death her brother and sisters are entitled to enjoy the properties with absolute rights. So as per the will the complainant alone has got right of enjoyment and payment of Municipal taxes during her life time. Therefore, the opposite party can be directed to issue house tax demand notice in the name of the complainant during her life time.



7. In the result, petition is allowed directing the opposite party to issue house tax notice in the name of the complainant in respect of houses bearing No.9-1-12 and door No.8-3-36 of Ongole town to enable her to pay the house tax. In the circumstance there is no order as to costs.

B.Hanumareddy myself and my wife B.Haritha having plots near east side of ongole railway station north nameboard. The ongole muncipal authorities gumping muncipal wastage, garbage and fallen tree branches of cyclone in our private land. we objected several times and complained to sanitary inspector ongole muncipality,but invain. Hence we request muncipal authorities to stop dumping of wastage in our private land through consumer forum.Other wise we will proceed with legal action against the authorities.

Sir,
ongole muncipal commissionar
my name kommalapati suresh babu. My father is dead in 12/01/2011 .my father name is kommalapati nageswara rao . My chalana is 14/02/2011. Chalana no is 1344 . Certificate date is 24/02/2011. He is not in certificate .please requst me immediatly certificate immediatly from ongole .