IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 30th day of August, 2013
Filed on 02.11.2012
Present
- Smt. Elizabeth George (President)
- Sri. Xavier Antony (Member)
- Smt.Jasmine.D. (Member)
in
C.C.No.378/2012
between
Complainants:- Opposite Party:-
1. Smt.T.M. Sunanda Alappuzha Housing Co-operative
Thazhchayil Society Ltd. No.A-111
Poonthoppu Ward Sahakarana Nagar
Avalookkunnu P.O. Thathampally P.O., Alappuzha
Alappuzha Represented by its Administrator
2. Jeemon.S., S/o Sunanda
-do- -do-
(By Adv. Gayathri Devi.N.)
O R D E R
SMT. ELIZABETH GEORGE (PRESIDENT)
The case of the complainants is as follows:-
The complainants availed a loan of Rs.1 lakh from the opposite party in the year 2008. Complainants repaid the loan along with the agreed interest and opposite party issued a receipt dated 30.12.2011 for the same. While taking the loan, the complainants mortgaged the original of the title deeds with the opposite party. The opposite party also executed a release deed No.1521 dated 28.1.2012 in favour of the complainants. But the opposite party failed to return the original of the tile deeds of the complainants. In spite of the repeated contacts, opposite party did not return the original of the title deeds. The action of the opposite party amounts to deficiency in service on their part and had caused much hardships and mental agony to the complainants. Hence the complaint is filed seeking the following relief.
1) to direct the opposite party to return the original title deeds and tax receipt to the complainants.
2) to direct the opposite party to give compensation and costs to the complainants for the mental agony and hardships caused.
2. Notice against the opposite party is served and they filed a statement before the Forum. But thereafter they have not turned up to contest the case. Complainant filed proof affidavit in leau of the oral evidence. The document produced was marked as Ext.A1.
3. The points that arose for consideration are as follows:-
1) Whether there is any deficiency in service on the side of the opposite party?
2) If so the releifs and costs?
4. Points 1 and 2:- According to the complainants, while taking loan from the opposite party, they have mortgaged their title deeds as security. But even after closing the loan amount the opposite party failed to return the original of title deeds. Ext.A1 clearly shows that the complainants closed the loan amount. The opposite party admitted in the statement that the complainants closed the loan on 30.12.2011 and the documents of the complainants were kept by the Housing Federation. In spite of the repeated requests by the complainants, the opposite party failed to return the original title deeds and that amounts to deficiency in service on the part of the opposite party. If the documents were kept by the Housing Federation, it is the bounden duty of the opposite party to collect the documents and return it to the complainants.
In the result, the complaint is allowed and direct as follows:-
1) The opposite party shall return the original of the title deeds and Tax Receipt to the complainants.
2) The opposite party shall pay Rs.5000/- (Rupees five thousand only) to the complainants as compensation and Rs.1000/- (Rupees one thousand only) as costs of this proceedings.
3) The order shall be complied within a period of one month from the date of receipt of this order.
Dictated to the Confidential Assistant transcribed by me and pronounced in open Forum on this the 30th day of August, 2013.
Smt.Elizabeth George (President) :
Sri. Antony Xavier (Member) :
Smt.Jasmine.D. (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Copy of Receipt
Evidence of the opposite party:- Nil
// True Copy // By Order
Senior Superintendent
To
Complainant/Opposite party/S.F.
Typed by:- pr/-
Compared by:-
