Tamil Nadu

North Chennai

CC/49/2016

Rajamani - Complainant(s)

Versus

Admistation Direct Tamil nadu Housing Bord - Opp.Party(s)

B.Ramesh

08 Oct 2016

ORDER

 

 

                                                            Complaint presented on:  30.03.2016

                                                                Order pronounced on:  08.10.2016

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L.,        PRESIDENT

                    TMT.T.KALAIYARASI, B.A.B.L.,           MEMBER II

 

SATURDAY THE 08^th   DAY OF OCTOBER 2016

 

C.C.NO.49/2016

 

Mrs. Rajamani,

W/o Late Palanisamy,

17/4/6, Metuvalaivu,

Devanampatti – 625 601,

Periyakulam Taluk,

Teni District,

                                                                                            ..... Complainant

 

..Vs..

	1.The secretary, D.D.371, Tashldar Co-operative Housing Pvt.Ltd., Perriyakulam -  625 601, Tenni District.     2. The Managing Director, Tamil Nadu Co-operative Hosing Board,   Chennai – 600 007.
	.....Opposite Parties

Date of complaint                                  25.04.2016

Counsel for Complainant                      : B.Ramesh

Counsel for opposite parties                    : Ex - parte

 

 

 

O R D E R

 

BY MEMBER  TMT.T.KALAIYARASI,  B.A.B.L.,       

          This complaint is filed by the complainant u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IS IN BRIEF:

          The Complainant’s husband Palanisamy borrowed a housing loan to a tune of Rs.2,00,000/- from the 1^st Opposite Party/society. After borrowing  a loan he died. Hence his wife the Complainant repaid the loan amount with interest on 20.07.2015 to the 1^st Opposite Party. After repayment of loan she demanded the 1^st Opposite Party to release the original document. However the 1^st Opposite Party failed to return the same. The Complainant issued legal notice dated 17.03.2016. The 1^st Opposite Party gave reply dated 21.03.2016 stating that the document would be returned after receiving from the 2^nd Opposite Party and for the same, he required 30 days time. More than 8 months documents were not returned, even after repayment of loan. Hence the Opposite Parties committed Deficiency in Service by not returning documents. Hence the Complainant filed this Complaint for return of document, compensation with costs.       

          2. Though the Opposite Party received notice, he did not appear on 26.05.2016 and hence the Opposite Party called absent and set Ex-parte.

          3. The Complainant had filed his proof affidavit and documents Ex.A1 to Ex.A8 were marked on the side of the Complainant.

          4. The Complainant had also come forward with written argument and oral argument of the Complainant was heard.

5. POINTS FOR CONSIDERATION

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

6. POINT NO :1

          The Complainant’s husband Palanisamy borrowed a sum of Rs.2,00,000/- from the 1^st Opposite Party for construction of a house and in the said loan part amount was repaid by him and the balance loan amount with interest repaid by the Complainant and cleared the entire loan on 20.07.2015 and the 1^st Opposite Party also issued Ex.A3 loan clearance certificate.

          7. Even after repayment of entire loan the 1^st Opposite Party did not return original document to the Complainant who is the legal  heir of the deceased Palanisamy nearly for 8  months and hence the Complainant issued Ex.A4 legal notice. The 1^st Opposite Party gave Ex.A6 reply dated 21.03.2016 that he is required 30 days  time to return the documents. As per reply the 1^st opposite party ought to have returned the document on or before 20.04.2016. However the 1^st Opposite Party returned the documents only during the pendency of the Complaint on 30.06.2016 after 2 months delay.  The 2^nd Opposite Party also liable for the act committed by the 1^st Opposite Party. Even though loan was cleared on 20.07.2015, nearly after 11 months of the clearing of the loan and after admitting to return the document by 20.04.2016, only after 2 months time only Opposite Parties returned the original documents to the Complainant establishes that the Opposite Parties 1^st & 2^nd have committed Deficiency in Service and accordingly this point is answered.

 

 8. POINT NO: 2

          Considering the delay in returning the documents, it would be appropriate to order a compensation of Rs.1,000/- to the Complainant and also to pay a sum of Rs.5,000/- litigation expenses. The other relief is dismissed.     

          In the result the Complaint is partly allowed. The Opposite Parties are ordered to pay a sum of Rs. 1,000/- (Rupees one thousand only) towards compensation for mental agony, besides a sum of Rs. 5,000/- (Rupees five thousand only) towards litigation expenses. The other relief sought in the Complaint is dismissed.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 08^th  day of October 2016.

 

MEMBER – II                                                               PRESIDENT

 

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated NIL                     Bank Pass Book Xerox

Ex.A2 dated NIL                     Complainant’s husband death certificate

Ex.A3 dated         NIL                      Loan closure certificate Xerox

Ex.A4 dated 17.03.2016                   Court Notice

Ex.A5 dated NIL                     Acknowledgement card Xerox

Ex.A6 dated 21.03.2016                   1^st Opposite Party rely letter

Ex.A7 dated 02.09.2010                   Tasildar Co-operative Housing Pvt.Ltd letter

Ex.A8 dated NIL                     Ration card xerox

 

MEMBER – II                                                               PRESIDENT