M.THANIKACHALAM, J. - (1.) The unsuccessful complainant is the appellant.
(2.) The complainant in order to purchase two plots, in Survey No.62, in Palanichettypatti village, applied for encumbrance for 17 years, which was given on 27.11.2007, denoting the title of the vendor to the complainant. On that basis, the complainant purchased the property viz. Plot No.24, 25, under a registered sale deed dt.11.2.2007, for a consideration of Rs.2,13,750/-. When the complainant intended to demark her property, by producing sale deed, one Churchil claimed to have purchased plot No.25, from his vendors Selvaraj and Chandra. In order to verify, the complainant applied encumbrance certificate, with the 2nd respondent, which revealed the sale of the year 1989. If the prior encumbrance certificate had disclosed the encumbrance, the complainant would not have purchased the property and because of the EC issued by the 2nd opposite party, on 27.11.2007, the complainant had purchased the property, totally spending a sum of Rs.2,32,700/-. Because of the encumbrance the complainant was put to mental agony, for which the opposite parties are liable to pay a sum of Rs.2 lakhs, and for deficiency in service, another Rs.2 lakhs. Though the complainant is entitled to a sum of Rs.6,32,900/- she restricts her claim leniently at Rs.5 lakhs. Thus claiming, a consumer complaint was filed.
(3.) The 2nd opposite party questioning the jurisdiction of the consumer forum, to maintain the case, further resisted the complaint, contending that because of the improper description of the property, while applying encumbrance certificate, the mistake would have been occurred, that cannot be taken as deficiency in service, that none of the encumbrance certificates relied on by the complainant was obtained by the complainant, by paying any amount, and therefore she is not entitled to maintain the case as a consumer, that even as per the rules framed under Registration Act, immunity is given to the staff, and in this view also, the complaint is not maintainable, thereby praying for the dismissal of the complaint.;