Kerala

Idukki

CC/33/2019

Devasia Thomas - Complainant(s)

Versus

Divisional Forest Officer - Opp.Party(s)

31 Oct 2019

ORDER

DATE OF FILING :06/02/19

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 27^th day of September 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 33/2019

Between

Complainant : Devasia Thomas, S/o Thomas,

Elavumparayil House,

Manippara P.O., Karimban,

Idukki Taluk, Idukki District.

(By Adv: K.B.Selvam)

And

Opposite Party : 1 . The Deputy Forest Conservator,

Divisional Forest Officer,

Kottayam.

2 . The Tahasildar,

Idukki Taluk Office,

Idukki Colony P.O., Cheruthony,

Represented the State of Kerala.

 

O R D E R

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant is the owner and possession of certain land derived through a gift deed executed by his father Thomas in his name on 28/10/1996. This property is situated in ward No.IV, Vazhathoppe Grama Panchayath. A residential house is situated in this property having Panchayath Building No.832. This property is situated in Nagarampara Forest Range Office and Idukki Revenue Taluk Area through a Government order, opposite parties 1 and 2 made a joint verification and published a joint verification report of the people those who have eligible for patta. When the complainant verified the list, he found that the house name of the complainant mistakenly entered as Thulavumpara instead of Elavumpara. When the application of the complainant for patta is considered,

(Cont.....2)

-2-

the Revenue authorities stated that it is to be corrected. But they failed to do so still the patta application of the complainant is pending. Even though the complainant submitted so many application before the opposite parties they are not turned up to correct the mistake entered in the house name of the complainant. Hence alleging deficiency in service on the part of the opposite parties. Complainant filed this petition seeking relief such as to direct the opposite parties to produce a list with corrected address of the complainant further directed the opposite parties to pay cost and compensation.

 

Upon notice the first opposite party entered appearance and filed detailed reply version contenting that the complainant is a resident of Maniparakanam, which is coming under the jurisdiction of the Forest Range Office, Nagarampara. The private properties adjacent to the complainant's property was also granted patta. Complainant's property is not a boundary property of forest land. Opposite party further contented that this opposite party is not legally empowered to correct the mistake of a joint verification list. Hence this opposite party has not committed any deficiency in service in this matter.

 

The second opposite party has not appeared before this Forum and filed any reply version, even after the receipt of the process from this Forum.

 

Hence the complainant is directed to adduce evidence. Evidence adduced by the complainant by way of documents. The documents such as application under RTI Act, copy of joint verification list, copy of application submitted before the second opposite party, certificate issued by the Grama Panchayath Member, copy of cash receipt, copy of arrear demand notice, copy of receipt, copy of affidavit, copy of gift deed and copy of notice issued by the second opposite party were marked as Ext.P1 to Ext.P10 respectively.

 

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 ?

 

(Cont.....3)

 

-3-

 

The Point:- We have heard the counsels for the complainant and the first opposite party and had gone through the documents. It is an admitted fact that the house name of the complainant is mistakenly entered in the joint verification list prepared by the opposite parties 1 and 2 as Thulavumpara instead of Elavumpara. This created so much mental agony and hardships to the complainant. The first opposite party through their reply version specifically contented that they have no authority to correct this mistake, since this property is coming under the jurisdiction of Revenue Department, ie the second opposite party. On perusing Ext.P3, it is seen that the complainant submitted an application before the second opposite party on 25/07/18 for correcting the house address which is discussed above along with Ext.P4 certificate of concerned Gramapanchayath ward member Sri.Babu George. But the opposite party has not appeared before this Forum and failed to file any reply version for convincing the Forum that, what steps they had taken in this matter.

 

On an overall evaluation of the evidence on record in this case Forum found that the second opposite party is the authority to cure the defect which is entered in the house name of the complainant in the joint verification list.

 

On the basis of above discussion Forum is of a considered view that the act of the second opposite party is a gross deficiency in service of non- curing the mistake of the house name of the complainant in the joint verification list, even after receipt of the complaint.

 

Hence the complaint allowed. Forum directed the second opposite party to correct the spelling mistake of the house name of the complainant from Thulavumpara to Elavumpara, which is mistakenly entered in the joint verification list, within 30 days from the date of receipt of the copy of this order, failing which the complainant is at liberty to proceed against the second opposite party under

 

 

 

 

(Cont.....4)

-4-

the Penal Provision of the Consumer Protection Act 1986. No compensation or cost is ordered.

 

Pronounced in the Open Forum on this the 27^th day of September, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Devasia Thomas

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Application under RTI Act

Ext.P2 -Copy of joint verification list

Ext.P3 -Copy of application submitted before the second opposite party

Ext.P4 -Certificate issued by the Grama Panchayath Member

Ext.P5 -Copy of cash receipt

Ext.P6 -Copy of arrear demand notice

Ext.P7 -Copy of receipt

Ext.P8 -Copy of affidavit

Ext.P9 -Copy of gift deed

Ext.P10-Copy of notice issued by the second opposite party

On the side of the Opposite Party :

Nil.

 

Forwarded by Order,

 

SENIOR SUPERINTENDENT