M.THANIKACHALAM, J. - (1.) The opposite party is the appellant.
(2.) The respondent/ complainant, having purchased a property, under registered sale deed dt.24.3.2006, in old Survey No.388, New Survey No.511/28, had approached the opposite party for measuring the same, paying the fee of Rs.80/- on 6.10.2006, by giving an application. Not only that, another application was also given on 28.1.2007. The surveyor, who came to the spot on 23.3.2007, informed the complainant, that it is not possible for him to measure the property, without the help of the police, and if at all the property has to be measured/ surveyed by District Surveyor, thereby the opposite party failed to perform their duties. Further when the complainant had applied on 4th time on 26.3.2007, by paying a sum of Rs.200/-, demanding bribe of Rs.2000/-, the staff working under the opposite party, refused to measure the property, thereby committing dereliction of duty, caused mental agony to the complainant, for which he is entitled to a compensation of Rs.1 lakh, in addition to a direction to measure the property.
(3.) The opposite party, admitting the applications given by the complainant, as well the attempt of the staff to measure the property, resisted the case, interalia contending, that the case before the Consumer Forum is not maintainable, that when the surveyor had been to the spot for measuring the property, there was objection by the neighbours, threatening law and order problem also, that since there was difference in Survey No., legal opinion was obtained, and on that basis, when an attempt was made to measure the property, there was difference in measurement, for which the complainant ought to have obtained an rectification deed, and that for the property sought to be measured by the complainant, when there was a dispute, it is not possible for the consumer forum to decide the case, thereby praying for the dismissal of the complaint.;