Kerala

Idukki

CC/131/2020

Nidhin Kumar - Complainant(s)

Versus

village officer kattappana - Opp.Party(s)

Adv: V C Sebastian

27 Jun 2022

ORDER

DATE OF FILING : 13.10.2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the    27th    day of  June,  2022

Present :

SRI. C. SURESHKUMAR                  PRESIDENT

SMT. ASAMOL P.                             MEMBER

SRI. AMPADY K.S.                           MEMBER

CC NO.131/2020

Between

Complainant                                          : Nidhinkumar, S/o. Gopalakrishnan,

                                                                Koduvazhayil House,

                                                                 Kochuthovala P.O.,

                                                                 Kattappana, Idukki.

       (By Advs: Jibi Sebastian & V.C. Sebastian)

And

Opposite Parties                                     : 1. The Village Officer,

                                                                   Kattappana Village Office,

                                                                   Kattappana, Idukki.

      2. The Secretary,

                                                                   Kattappana Service Co-operative Bank,

                                                                   Kattappana, Idukki.

 

O R D E R

 

SRI. C. SURESHKUMAR, PRESIDENT

 

1. This is a complaint filed under Section 35 of Consumer Protection Act of 2019 (the Act, for short).  Complaint averments are briefly discussed hereunder :

 

          Complainant along with his sisters Sreedevi, Sreekala and Neethu had received 22 ½ cents of property from their paternal uncle as per gift deed No.1846/15  of Kattappana S.R.O..  However, when they had sought for mutation in revenue records transferring the property to their names, 1^st opposite party Village Officer, Kattappana had refused to do so, on the premises that property was encumbered.  Complainant submits that there was no  encumbrance at the time of execution of gift deed.  2^nd opposite party is Secretary of

                                                                                                                      (Cont…..2)

-2-

Kattappana Service Co-operative Bank.  Encumbrance was allegedly in favour of the bank, represented by 2^nd opposite party.  Complainant suspects that documents were forged to avail loan from the above bank.  2^nd opposite party has been formally impleaded.  Refusal to make entries in revenue records is deficiency in service on the part of 1^st opposite party.  Complainant seeks a direction against him for effecting mutation in revenue records as per the gift deed No.1846/15 of Kattappana S.R.O..  He also seeks compensation from Village Officer amounting to Rs.10,000/- for deficiency in service along with litigation costs as deemed fit by this Commission.

 

          2. Complaint was admitted and notice was issued to both opposite parties.  They have not appeared despite service of notice.  Hence they were set exparte.  Though repeated opportunities were given, complainant has not given any evidence.  Hence evidence was closed.  As there was no representation from both sides, case was taken for orders.  Now points which arise for consideration are :

1)  Whether complaint is maintainable ?

2)  Whether there was any deficiency in service on the part of opposite parties ?

3)  Reliefs and costs ?

 

3.  Point Nos.1 and 2 are considered together :

 

          Upon going through the complaint, we find that there was no consumer-service provider relationship between the petitioner and 1^st opposite party.  No relief is seen sought against 2^nd opposite party.  There is no evidence to show that 1^st opposite party was delinquent in the performance of his official duty either.   Hence we find that complaint is not maintainable.  Point Nos.1 and 2 are answered accordingly.

 

4.  Point No.3 :

 

          In the result, complaint is dismissed under the circumstances, without costs.

 

                   Pronounced by this Commission on this the   27^th  day of June, 2022

 

 

  SRI. C. SURESHKUMAR, PRESIDENT

 

SMT. ASAMOL P., MEMBER

 

         SRI. AMPADY K.S., MEMBER