DATE OF FILING : 18.7.2016

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 28^th day of February, 2017

Present :

SRI. S. GOPAKUMAR PRESIDENT

SRI. BENNY. K. MEMBER

CC NO.202/2016

Between

Complainant : Raveendran V.K.,

Vettukallel House,

Kunchithanni P.O.,

Idukki.

(By Adv: K.M. Sanu)

And

Opposite Parties : 1. The Deputy Director (Resurvey),

Survey and Land Records,

Collectrate, Idukki,

Painavu P.O.,

Idukki.

2. The Tahsildar,

Devikulam Taluk,

Devikulam, Idukki.

3. The Taluk Survey Superintendent (LR),

Devikulam Taluk Survey

Superintendent Office,

Devikulam, Idukki.

4. The Village Officer,

Kunchithanni Village Office,

Kunchithanni P.O.,

Idukki.

5. The District Collector, Idukki,

Collectrate, Idukki,

Painavu P.O.,

Idukki.

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

Complainant purchased 75 cents of landed property in 2006 August from M.S. Vinod, who is the owner and in possession of the landed property comprised in survey No.19/1-298-4-1 part of Kunchithanni Village, Devikulam Taluk.  The prior owner got this property through partition deed No.45/95 of

(cont....2)

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Devikulam SRO, for which the patta was received in the year 1964 and remitted basic tax upto 2005.  While so, 4^th opposite party objected to receive further basic tax and also objected to issue related certificates of the above said property on the reason that there is an error in re-survey.  The complainant came to know that resurvey proceedings are already completed in 2004.  Complainant further submitted that the prior owners remitted basic tax to this property from 1964 to 2005 uninterruptedly.  On the basis of error in resurvy, the complainant has not get registered the property, eventhough the sale amount paid.  The act of the opposite parties warranted deficiency in service.  Thus the complainant approached this Forum for directing opposite parties to receive property tax from the complainant without any lame excuses and also direct them to rectify the error if any in the resurvey procedure, within 30 days from the date of order.  In default, direct them to pay an amount of Rs.1000/- per each defaulting day as compensation and also direct to pay legal cost.

          Opposite party entered appearance and filed detailed written version.  In their version, opposite party contended that revenue authority approved resurvey records of Kunchithanni village in the year 2004.  Opposite party further states that the land owners who are not included in the resurvey records are not in a position to pay land tax and those people can file proper application and get the problem solved.          

          The general public is having sufficient chances for verifying resurvey records before it, transferring to the revenue department and also can file proper petition in case of any default or error in resurvey.  Moreover, after implementation also, the defects in resurvey can be rectified through adalaths.

          The opposite party denied the averments that the complainant approached them and filed petition so many times.  No such application is found in their office.  Opposite party further stated that, opposite parties are ready and willing to cure the defect in resurvey of the alleged landed property now also, if the complainant approaches them through proper channel.

          The evidence consists of oral testimony of PW1 and Exts.P1 to P7 marked. Ext.P1 is copy of agreement for the purchase of property. Ext.P2 is copy of transfer deed of the property. Ext.P3 is copy of title deed of property. Ext.P4 is copy of non-liability certificate of property. Ext.P5 is copy of (cont....3)

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certificate issued by the Village Officer, Kunchithanni. Ext.P6 is sketch of land. Ext.P7 is copy of patta.  

          Heard both sides.

          The point that arose for consideration is whether there is any deficiency in service from the part of opposite parties and if so, for what relief the complainant is entitled to ?

          The POINT :-  On the basis of the admission in the written version of 1^st  to 5^th opposite parties, the Forum directs the 1^st opposite party to take urgent steps in curing the defects of the resurvey of the landed property discussed above, without waiting for any further application from the complainant, within 30 days from the date of receipt of a copy of this order, failing which the complainant shall initiate proper action against them with the relevant provisions of the Consumer Protection Act.  No cost or compensation is ordered.

          Pronounced in the Open Forum on this the 28^th day of February, 2017

  Sd/-

SRI. S. GOPAKUMAR, PRESIDENT

Sd/-

SRI. BENNY. K., MEMBER

(cont....3)

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APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Raveendran V.K.

On the side of the Opposite Party :

Nil.

Exhibits :

On the side of the Complainant :

Ext.P1 - copy of agreement for the purchase of property.

Ext.P2 - copy of transfer deed of the property.

Ext.P3 - copy of title deed of property.

Ext.P4 - copy of non-liability certificate of property.

Ext.P5 - copy of certificate issued by the Village Officer, Kunchithanni.

Ext.P6 - sketch of land.

Ext.P7 - copy of patta.

On the side of the Opposite Party :

Nil.

/ Forwarded by Order /

SENIOR SUPERINTENDENT