BEFORE THE A.P.STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.
F.A.No.862/2013 against C.C.No.627/2012, District Forum-II, Hyderabad.
Between:
A.Sri Hari Kumar Raju
S/o.A.K.M.Raju
R/o.54-MIG, 1st Phase, 1st Road,
KPHB Colony,
Kukatpally, Hyderabad-500 085. Appellant/complainant
And
The Managing Director
ICICI Bank Ltd., “Land Mark”
Race Course Circle,
Vadodara-390 007.
The Branch Manager,
ICICI Bank, ICICI Towers,
Begumpet Branch,
Hyderabad-500 016. Respondents/opp.parties.
Counsel for the Appellant: M/s.K.V.Rama Raju
Counsel for the Respondents: M/s.S.Nagesh Reddy
QUORUM: HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA, PRESIDENT.
SRI T.ASHOK KUMAR, HON’BLE MEMBER.
AND
SRI S.BHUJANGA RAO, HON’BLE MEMBER.
WEDNESDAY, THE NINTH DAY OF APRIL,
TWO THOUSAND FOURTEEN
Oral Order (As per Hon’ble Sri Justice GopalaKrishna Tamada, President)
***
The complainant is the appellant and he filed this appeal against the orders dated 05-8-2013 made in C.C.No.627/2012 on the file of District Forum-II, Hyderabad whereby the District Forum awarded only an amount of Rs.5,000/- as against the claim of Rs.25,000/- for each day delay in delivery of documents towards compensation totalling Rs.17,78,084.
The brief facts are that the complainant availed a housing loan from the opposite parties and the entire amount was paid by him on 06-1-2012. At the time when he borrowed the said loan amount, he deposited certain documents towards security. As he paid the entire loan amount, he requested the opposite parties to return the said documents, but however the said documents were delivered only on 22-2-2012 i.e. after a lapse of 45 days. In those circumstances, the complainant alleged that he suffered mental agony and he is entitled for compensation and damages and hence he approached the District Forum claiming a total sum of Rs.17,78,084/-.
The said complaint was resisted by the opposite party bank.
Having considered the entire evidence, the District Forum while observing that there is delay in returning the said documents, it awarded a sum of Rs.5,000/- for delay in delivering the documents together with costs of Rs.1000/-.
Being not content with the said amount, the complainant approached this Commission and filed the present appeal.
Heard.
The learned counsel for the appellant submitted his written arguments.
Having considered the material on record including the written arguments filed by the counsel for the appellant, we are of the view that the District Forum was justified in awarding an amount of Rs.5,000/- towards damages. Ofcourse, the complainant calculated the entire amount of compensation towards damages etc. at Rs.17,78,084/- but he could not substantiate any of the claims made by him except establishing the fact that there is a delay of 45 days in returning the said documents. No doubt the said documents should have been returned at the earliest for the reason that the entire loan amount was paid, but in the process, it took 45 days for the respondents to return the said documents for which an amount of Rs.5,000/- towards damages alone was awarded and we are of the opinion that the said amount is adequate. Awarding compensation is the discretion of the court, the complainant may claim compensation according to his whims and fancies but the Forum after considering the circumstances, whether there is deficiency in service, unfair trade practice etc., award reasonable compensation and therefore we see no reason to interfere with the order of the District Forum.
Accordingly this appeal stands dismissed. There shall be no order as to costs.
Sd/-PRESIDENT.
Sd/-MEMBER.
Sd/-MEMBER.
JM Dt.09-4-2014.
