Kerala

Idukki

CC/32/2019

Baby Mathai - Complainant(s)

Versus

Village Officer konnathady - Opp.Party(s)

31 Oct 2019

ORDER

DATE OF FILING :06/02/2019

IN THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 31^st day of October 2019

Present :

SRI. S. GOPAKUMAR PRESIDENT

SMT.ASAMOL P. MEMBER

CC NO. 32/2019

Between

Complainant : Baby, S/o Mathai,

Ettickal House,

Muniyara P.O., Muniyara Kara,

Konnathady Village, Idukki District.

(By Adv: K.B.Selvam)

And

Opposite Party : The Village Officer,

Konnathady Village,

Konnathady Kara, Idukki Taluk,

Idukki District.

 

O R D E R

 

SRI. S. GOPAKUMAR (PRESIDENT)

 

The case of the complainant is that,

 

Complainant is the owner and possession of 15 cent of landed property situated in Rajakumari Village. The building situated in this property is numbered as 385 in ward No.IV of Konnathady Grama Panchayath. Complainant purchased this property in the year 2001. Immediately after the purchased he filed application for mutation before the opposite party village officer. But the opposite party has not mutated the property and hence the complainant is not in a position to remit Basic Tax of the property. This caused much hardships to the complainant. Due to the non-mutation of the property it is not possible to transfer the property to his children or to sale the property.

 

Under the above circumstances alleging deficiency in service on the part of the opposite party complainant is filed this petition seeking relief such as to direct

(Cont......2)

-2-

the opposite party to take urgent steps to mutate the property discussed above and further direct the opposite party to pay compensation and cost.

 

Upon notice opposite party entered appearance and filed detailed reply version contenting that the property having 00607 hectare, previously owned by one Varghese Varghese, Chakkazhathu Tharayil, Poothakali. After the death of said Varghese Varghese this property was sold to the complainant by the legal heirs of the said Varghese Varghese. While applying for effecting mutation complainant failed to produce the family certificate and death certificate of the deceased Varghese Varghese that is why opposite party failed to mutate the property in the name of the complainant.

 

Even though the complainant not produced necessary documents for mutation, opposite party collected these certificate from another two applicants of the same area having property in the same Tandaper. On the basis of this, the opposite party issued a public notice and waited for any objection for mutation. Since no body objected to mutate this property in the name of the complainant opposite party is prepared to mutate the property subjected to the production non-liability certificate.

 

Evidence adduced by the complainant by way of proof affidavit and Ext.P1 copy of title deed.

 

Except the reply version no further evidence adduced by the opposite party.

 

Heard in detail,

 

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:- In this case opposite party discussed why he failed to mutate the property in the name of the complainant, in detail in their version. Further adduced that the opposite party is ready to mutate the property in the name of

(Cont......3)

-3-

the complainant if the Forum directs. On the basis of above admission of the opposite party complaint allowed in part.

 

Opposite party is directed to mutate the property in the name of the complainant within 30 days from the date of receipt of the notice, failing which the complainant shall proceed against the opposite party as per law. No order to cost or compensation.

 

Pronounced in the Open Forum on this the 31^st day of October, 2019.

 

Sd/-

SRI. S. GOPAKUMAR (PRESIDENT)

Sd/-

SMT. ASAMOL P. (MEMBER)

 

APPENDIX

Depositions :

On the side of the Complainant :

PW1 - Baby Mathai

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1 - Copy of title deed.

On the side of the Opposite Party :

Nil.

Forwarded by Order,

 

 

SENIOR SUPERINTENDENT