BEFORE THE DISTRICT FORUM:KURNOOL
Present: Sri.K.V.H. Prasad, B.A., LL.B President
And
Smt. C.Preethi, M.A.LL.B., Lady Member
Wednesday the 29th day of April ,2009
C.C.No.109/08
Between:
S. Abdul Khari, S/o. M. Masum Miah, Graduate Librarian,
Government Junior College, Gudur, Kurnool District. … Complainant
Versus
- The Commissioner for Collegiate Education, Andhra Pradesh,
Nampally, Hyderabad.
- The Principal, Government Junior College,
Kosigi, Adoni Road, Kurnool District. … Opposite parties
This complaint is coming on this day for orders in the presence of Sri.CH.Jogarao, Advocate, for the complainant, and Smt.A.Uma Devi, Advocate for opposite party No. 2 and opposite party No. 1 in person and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. C.Preethi, Lady Member)
C.C.No.109/08
1. This consumer complaint of the complainant is filed U/S 12 of C.P.Act seeking a direction on opposite parties to execute a deed of reconveyance of mortgaged property ,to pay Rs.90,000/- towards mental agony , Rs.5,000/- towards lengthy correspondence, Rs.3,000/- as cost of the case and any other relief or reliefs which the complainant is entitled in the circumstances of the case.
2. The brief facts of the complainants case is that complainant was working as Record Assistant at Government Degree College , Kurnool and S.J. Government College, Kurnool , a housing building advance and house building repair loan was sanctioned by opposite party No. 1 dated 27-03-1991 . After availing the loan the complainant repaid the entire loan and opposite party No. 2 addressed a letter dated 07-01-2004 to opposite party No. 1 informing the remitting back to the government account by challans. Thereafter , the opposite party No. 1 issued letter dated 20-02-2004 requesting the complainant to comply certain requirements and the complainant on 16-03-2004 complied all the required documents i.e, HBA sanction orders, attested statements of monthly recovery , utilization certificate , insurance details etc., were submitted to opposite party No. 1. On 24 -08-2005 the opposite party No. 1 requested the complainant to obtain clearance certificate from Accountant General, Andhra Pradesh, Hyderabad. On 28-11-2005 the complainant addressed a letter to opposite party NO. 1 along with clearance certificate and requested to cancel the mortgage deed executed by him and to executive the reconveyance deed in his favor. Thereafter, there was no response from opposite parties and the opposite party No. 1 has not reconveyed the mortgage property without any fault of the complainant . Inspite of several letters of the complainant there was no response from opposite party No.1, being vexed the complainant got issued legal notice dated 26-05-2008 to the opposite parties and to this legal notice also there was no response . The above conduct of opposite parties constrained the complainant to resort to the forum for reliefs .
3. In support of his case the complainant relied on the following documents viz., (1) attested xerox copy of proceedings dated 27-03-1991 of Director of College Education, A.P. Hyderabad, (2) attested xerox copy of proceedings dated 27-03-1998 of Director of College Education , A.P. Hyderabad, (3) attested xerox copy of the letter dated 07-01-2004 of complainant to the commissioner of collegiate Education along with attested of 3 challans, ,(4) attested xerox copy of proceedings dated 20-02-2004 of opposite party No.1, (5) attested xerox copy of letter dated 16-03-2004 of complainant to Commissioner Collegiate Education, Hyderabad, (6) attested xerox copy of monthly recovery statement October 1995 to June 1997 , (7) attested xerox copy of monthly recovery statement July 1997 to May 1999 , (8) attested xerox copy of Gross and net pay particulars of Abdul Khari 19-05-1999 to 10-07-2000 . (9) attested xerox copy of statement of pay particulars of complainant from 9/02 to 12/03, (10) proceeding of the Director of Collegiate Education ,dated 24-08-2005 , (11) clearance certificate marked to the complainant dated 24-10-2005 issued by Accountant General , ( A & E) Hyderabad, (12) office copy of letter dated 25-11-2005 of complainant to Director of collegiate Education along with courier receipt, (13) office copy of letter dated 02-08-2007 of complainant to Director of Collegiate education , (14) xerox copy of deed for recovering the mortgage property dated 12-12-1991 , (15) xerox copy of letter dated 04-08-2001 of opposite party No. 2 to opposite party No. 1 , (16) xerox copy of dated 15-04-2008 of the complainant to opposite party No. 1 ,(17) office copy of the legal notice dated 26-05-2008 to opposite party No. 1 , (18) formality certificate dated nil issued for opposite party No. 1 , besides to the sworn affidavit of the complainant in reiteration of his complaint averments and the above documents are marked as Ex.A1 to Ex.A18 for its appreciation in this case and replies to the interrogatories exchanged.
4. In pursuance to the notice of this forum as to this case of the complainant the opposite party No. 1 appeared in person and opposite party No. 2 appeared through their standing counsel and filing separate written versions.
5. The written version of opposite party No.1 admits that the loan of Rs.72,000/- towards house building advance and Rs.30,000/- towards repair was sanctioned by opposite party No. 1 to the complainant and
thereafter admits the complainant repaid the principal and interest and submitted proposals through opposite party No. 2 to opposite party No. 1 for issuance of clearance certificate. In the instant case without formality certificate issued by opposite party No. 1 clearance certificate on the sanctioned loan was given and soon after issual of clearance certificate, the complainant requested for reconveying the mortgage deed without required documents. Therefore, the opposite party No.1 called for required information to enable the reconveying mortgage deed to Sub-Registrar, Kurnool on 20-11-2007 the complainant submitted full shape proposals and as the complainant did not insure his house from protection of fire , a letter was addressed to Accountant General , A.P , to fix penal interest and orders
are still awaited and in the mean time legal notice dated 26-05-2008 was received by opposite party No. 1 and it was properly replied vide letter dated 07-07-2008 explaining the factual position and lastly submits that in view of the above position there is no intentional delay in releasing the mortgage deed to the complainant and the delay is only on administrative reasons and seeks for the dismissal of complaint.
6. The written version of opposite party No. 2 admits the complainant was sanctioned house building advance and house building repair by opposite party No. 1 and a clearance certificate was also issued by
Accountant General , A.P Hyderabad, it further submits that it is the opposite party No. 1 which is competent authority to cancel the mortgage executed by the complainant and to execute reconveyance deed infavor of the complainant . The opposite party No. 2 is not competent authority and there is no case against opposite party No. 2 and seeks for the dismissal of complaint.
7. Hence, the point for consideration is to what relief the complainant is entitled alleging deficiency of service on part of opposite parties ?.
8. It is the case of the complainant that he was sanctioned house building advance and house building repair loan by opposite party No.1 vide Ex.A1 and A2 and the complainant repaid the entire loan with interest . On 07-01-2004 vide Ex.A3 the opposite party No. 2 addressed a letter to opposite party No. 1 informing the complainant remitting back to the Government the entire loan enclosing challans. The opposite party No. 2 vide Ex.A4 dated 20-02-2004 requested the complainant to submit certain documents and the same was complied by the complainant vide Ex.A5 dated 16-03-2004 , and vide Ex.A5 the complainant submitted HBA sanction orders ,attested statements of monthly recovery , utilization certificate , insurance details etc. ( Ex.A6 to A9) . The opposite party No.1 vide Ex.A10 issued another proceedings dated 24-08-2005 advising the complainant to obtain clearance certificate . The complainant vide Ex.A12 dated 28-11-2005 addressed a letter to opposite party No. 1 enclosing a copy of clearance certificate ( Ex.A11) and further request to cancel the mortgage deed the complainant thereafter issued reminder letter dated 02-01-2006 , 08-03-2006 , 02-08-2007 ,inspite of receiving all the documents and letters the opposite parties did not reconvey the mortgaged property to the complainant.
9. On the other hand the opposite party No.1 in their written version averments submits that without formality certificate issued by opposite party No.1 the Accountant General , AP Hyderabad issued clearance certificate to the complainant . Therefore the opposite party No. 1 has called for required information from complainant and on verification it was noticed that the main contention i.e, insuring the house from protection of fire was not fulfilled by the complainant , hence the opposite party No.1
addressed a letter to AGAP to fix penal interest to the complainant and the order are still awaited. The opposite party No. 1 has taken several pleas in their written version averments but did not file any supporting material to substantiate them. Hence they remain as plea for plea sake without any substantiation.
10. The opposite party No. 1 in their written version submitted that they have not issued formality certificate to the complainant , but the complainant filed Ex.A18 formality certificate dated 13-04-2004 issued by opposite party No. 1 which envisages, the complainant has repaid the entire loan amount with interest . Hence, from the above Ex.A18 it is clear that the opposite party No. 1 is in knowledge that the complainant has repaid the loan amount by 13-04-2004 and a formality certificate ( Ex.A18) was also issued to the complainant . Till the filling of this complaint in this forum, there was no response from the opposite party No. 1 to reconvey the mortgaged property to the complainant . Hence , there is clear deficiency of service on part of opposite party No. 1
11. During the pendency of the case on 03-10-2008 the opposite party No. 1 filed a letter dated 01-10-2008 addressed to the Sub-Registrar, Registration Department, Kurnool , requesting the Sub-Registrar , to release the mortgage deed of the complainant and on 20-10-2008 pending juris of this case the opposite party No. 1 filed the released mortgage deed of reconveying the mortgaged property of the complainant into the case records.
12. The complainant filed this case for release of said deed besides to costs and compensation, as the first relief claimed by the complainant in the compliant is complied , it cannot be ordered. Therefore, the case of the complainant is limited to costs and compensation only.
13. Now the point is to what compensation the complainant is remaining entitled to :
14. The complainant availed loan by mortgaging his property and repaid the loan amount with interest in 2004 itself, till filling of this case, there was no response from opposite parties to reconvey the mortgaged deed. During the pendency of this complaint i.e, on 20-10-2008 the opposite party No. 1 filed the deed for conveying the mortgaged property i.e, after 4 years 9 months of clearing of the loan amount. Hence, there is clear deficiency of service on part of opposite party No. 1 in not releasing the said deed to the complainant immediately after clearing of the loan amount.
15. As the opposite party No.1 by delaying the execution of reconveyance deed for 4 years 9 months from the date of discharge of loan, deprived the complainant to have the benefit of applying loan on said property to meet his necessities , a compensation of Rs.20,000/- appears to meet the ends of justice. As the opposite party No. 1 by his negligent conduct driven the complainant to the forum for seeking redressal, an amount of Rs.5,000/- as costs appears to meet the ends of justice. As no case is made out against opposite party No. 2 , case against opposite party No.2 is dismissed.
16. Consequently , the case against opposite party No.2 is dismissed and allowed against opposite party No.1 only , directing the opposite party No.1 to pay to the complainant Rs.20,000/- as compensation and Rs.5,000/- as costs of this case within one month from the date of receipt of this order. In default, the opposite party No.1 shall pay the supra stated award with 12% interest from the date of default till realization.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 29th April , 2009.
Sd/- Sd/-
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant :Nil For the opposite parties :Nil
List of exhibits marked for the complainant:-
Ex.A1. Attested Xerox copy of proceedings dated 27-03-1991 of Director of College Education , A.P. Hyderabad.
Ex.A2. Attested xerox copy of proceedings dated 27-03-1998 of Director of College Education , A.P. Hyderabad.
Ex.A3. Office copy of the letter dated 07-01-2004 of complainant to the commissioner of collegiate Education along with attested of 3 challans.
Ex.A4. Attested xerox copy of proceedings dated 20-02-2004 of opposite party No.1
Ex.A5. Attested xerox copy of letter dated 16-03-2004 of complainant to Commissioner Collegiate Education Hyderabad.
Ex.A6. Attested xerox copy of monthly recovery statement October 1995 to June 1997.
Ex.A7. Attested xerox copy of monthly recovery statement July 1997 to May 1999
Ex.A8. Attested xerox copy of Gross and net pay particulars of Abdul Khari 19-05-1999 to 10-07-2000.
EX.A9. Attested xerox copy of statement of pay particulars of complainant from 9/02 to 12/03
Ex.A10. Proceeding of the Director of Collegiate Education ,dated 24-08-2005
Ex.A11. Clearance certificate marked to the complainant dated 24-10-2005 issued by Accountant General,(A&E) Hyderabad.
Ex.A12. Office copy of letter dated 25-11-2005 of complainant to Director of collegiate Education along with courier receipt
Ex.A13. Office copy of letter dated 02-08-2007 of complainant to Director of Collegiate education
Ex.A14. Xerox copy of deed for recovering the mortgage property dated 12-12-1991
Ex.A15. Xerox copy of letter dated 04-08-2001 of opposite party No.2 to opposite party No.1.
Ex.A16. Xerox copy of dated 15-04-2008 of the complainant to opposite party No. 1
Ex.A17. Office copy of the legal notice dated 26-05-2008 to opposite party No. 1.
Ex.A18 Formality certificate dated nil issued for opposite party No.1
List of exhibits marked for the opposite parties: Nil
Sd/- Sd/-
MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties
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