BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM RAICHUR.
COMPLAINT NO. (DCFR) CC. 20/11.
THIS THE 15th DAY OF JULY 2011.
P R E S E N T
1. Sri. Pampapathi B.sc.B.Lib. LLB PRESIDENT.
2. Sri. Gururaj, B.com.LLB. (Spl) MEMBER.
3. Smt. Pratibha Rani Hiremath,M.A. (Sanskrit) MEMBER
*****
COMPLAINANT :- D.Shivaram Reddy S/o. Ramangouda, Age:
45 years, Occ: Agriculture, R/o. Duganoor village, Tq. & Dist: Raichur.
//VERSUS//
OPPOSITE PARTIES :- 1. The Executive Engineer (WRD), No. 5 Canal
Division, Yermarus Camp, Dist: Raichur.
2. The Assistant Executive Engineer, RDS Sub-Division, Gillesugur Camp, Tq. & Dist: Raichur.
3. The Chief Engineer (ICZ), Irrigation Center Zone, Munirabad, Dist: Koppal.
CLAIM :- For to handover the possession of allotted
open plot to the complainant situated at Gillesugur Camp and to award a damage of Rs 50,000/- with interest ad cost.
Date of institution :-
14-03-11.
Notice served :- 28-03-11.
Date of disposal :- 15-07-11.
Complainant represented by Sri. S.E. Narayanrao, Advocate.
Opposite Nos. 1 & 2 represented by Sri. M.Nagaraj, Advocate.
Opposite No-3 in person.
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This case coming for final disposal before us, the Forum on considering the entire material and evidence placed on record by the parties passed the following.
JUDGEMENT
By Sri. Pampapathi, President:-
This is a complaint filed by the complainant D.Shivaram Reddy against Opposites 1 to 3 U/sec. 12 of Consumer Protection Act, for to direct opposites to handover the possession of allotted open plot to the complainant situated at Gillesugur Camp and to award a damage of Rs 50,000/- with interest ad cost.
2. The brief facts of the complainant case are that, on 20-06-06 opposite No-1 allotted open plot measuring 30 feet x 40 feet situated at Gillesugur Camp to the complainant on rental basis for to run Kirana Shop in land bearing Sy.No. 41/2. As per the terms and conditions, he paid Rs. 1120/- as one year rent with security deposit on 29-06-06 vide receipt dt. 18-07-07. In spite of depositing the rent amount of open plot with security deposit amount, opposites not handed over the possession of allotted plot to him. He requested the opposites to deliver the possession of the open plot vide his letters dt. 04-08-09 and 09-03-10, thereafter, opposites received rent amount for the year 2008-09 & 2009-10, in spite of it, also, they not handed over the plot to him, he issued legal notice but no response shown by them. Hence this complaint was filed for the reliefs as prayed in the complaint.
3. Opposite No-2 filed written version, opposite No-3 appeared in person and thereafter he remained absent, opposite No-1 adopted the written version of opposite No-2. The brief facts of the written version of opposite No-2 are that, the plot measuring 30 feet x 40 feet situated at Gillesugur Camp was allotted to the complainant by the Division Office to run Kirana Shop, but not in Sy.No. 41/2 as contended by the complainant. The complainant is a lessee, after allotment he has to execute an agreement with the concerned authorities. He not executed such documents, but he deposited of the rent amount, the possession of plot was handed over to the complainant, he not made use of it, for to run Kirana Shop, accordingly there is no deficiency in service on their part. He not obtained trade licence to run Kirana Shop from the competent authority. No notice U/sec. 80 CPC is filed, complainant is not a consumer and he has no cause of action to file this complaint, accordingly they prayed for to dismiss the complaint among other grounds.
4. In-view of the pleadings of the parties. Now the points that arise for our consideration and determination are that:
1. Whether the complainant proves that opposite Nos. 1 to 3 shown their negligence in handing over the possession of open plot measuring to the extent of 30 feet x 40 feet situated at Gillesugur Camp on rental basis, in spite of depositing the rent amount and security amount and thereby all the opposites found guilty under deficiency in their services?
2. Whether complainant is entitled for the reliefs as prayed in his complaint.?
3. What order?
5. Our findings on the above points are as under:-
(1) In Negative.
(2) In Negative.
(3) In-view of the findings on Point Nos. 1 & 2, we proceed
to pass the final order for the following :
REASONS
POINT NO.1 & 2:-
6. To prove the facts involved in these two points, affidavit-evidence of complainant was filed, who is noted as PW-1 and documents Ex.P-1 to Ex.P-7 are marked. On the other hand, affidavit-evidence of opposite No-2 was filed, who is noted as RW-1. Opposite No-1 adopted the same evidence. Opposite No-3 remained absent. Documents Ex.R-1 to Ex.R-3 are marked.
7. Keeping in view of the allegations made by the complainant in Para- 1 & 2 of his complaint, it is his definite case that, vacant plot measuring to the extent of 30 feet x 40 feet situated at Gillesugur Camp belongs to opposite Nos. 1 to 3 was allotted to him on 20-06-06 on rental basis for one year, accordingly he paid Rs. 1120/- towards rent and security deposit. Thereafter also for the year 2008-09 & 2009-10 he paid rental amount per year towards the open plot.
8. In pursuance of these pleadings, he filed affidavit-evidence and also documents. The nature of the transaction in between the complainant and opposites it is very much clear that, complainant is a lessee and opposites are lessor, the plot allotted to the complainant is on rental basis per year. In the light of these facts, now we have to see the legal possession of the complainant.
9. As defined U/sec. 2(1)(d) of the C.P. Act, the consumer means any person who:
1. Buys any goods for consideration, which has been paid or promised…………………………………………………………….
or
2. Hire or avails of any service for consideration………………………
Keeping in view of the meaning of section 2(1)(d) the word consumer as defined in the said section must buy any goods for consideration, which has been paid or promised………………………………..................................
Here, the complainant has not purchased the said site from the opposites for consideration or he has not availed any service by them for consideration. It is his case that, he paid amount towards open plot on rental basis per year. No doubt this fact is admitted by the opposites, but the nature of the transaction said to have taken place in between the complainant and opposites, we are of the view that, the said transaction is not falling within the definition of 2(1)(d) of Part 1 or 2 of C.P. Act. Hence we are of the clear view that, the position of the complainant is not a consumer as defined under the said Act. Because of the fact that, he has not purchased any goods from the opposites or not availed any kind of service by them, hence the question of deficiency in service by the opposites as defined U/sec. 2(1)(O) and 2(1)(g), does not arise for consideration, as such we are of the clear view that, we have no jurisdiction to try the subject matter of this complaint. The learned advocate for complainant submitted two rulings in support of his contention (1) CPR 2000(3) (NC) Page No. 86 Punjab Urban Planning & Development Authority V/s. Gian Singh and (2) CPR 2004(2) NC Page 80 S.C. Haryana Urban Development Authority & Others V/s. A.K. Rampal with great respect to the rulings referred above, we are of the view that, the facts dealt by their lordships in the said rulings are belonging to purchase of plots, not in respect of lease of plots, as such those rulings are not applicable to the facts of the present case on hand, accordingly we are of the view that, complainant not proved his case under C.P. Act as he is a consumer and thereby he is entitled for the relief, hence we answered Point No-1 in Negative.
POINT NO.2:-
10. In view of our finding on Point No- 1, the complainant is not entitled for any one of the relief’s as prayed in his complaint.
POINT NO.3:-
11. In view of our findings on Point Nos- 1 & 2, we proceed to pass the following order:
ORDER
This complaint filed by the complainant is dismissed.
Intimate the parties accordingly.
(Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 15-07-11)
Smt.Pratibha Rani Hiremath, Sri. Gururaj Sri. Pampapathi,
Member. Member. President,
Dist.Forum-Raichur. Dist-Forum-Raichur Dist-Forum-Raichur.
