BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO. 223/2015

DATED ON THIS THE 13^th January 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.    The complainant filed the complaint under section 12 of the C.P.Act, against the opposite parties, alleging deficiency in service and seeking a direction to return the documents pledged and to pay Rs.10,00,000/- compensation for the deficiency in service, mental agony along with interest at 24% p.a. with such other reliefs.
2.     The complainant availed housing loan from opposite party No.1, by pledging several documents in respect of his house property.  The complainant repaid the entire loan amount on 15.04.2008.  On clearing the entire debt, the complainant requested the opposite party No.1 to return all the documents pledged with it, at the time of availing loan.  The opposite party failed to return the documents, despite of clearance of the entire loan amount.  Thereby, aggrieved complainant, has filed the complaint, seeking reliefs.
3.    The opposite party No.1 submits that, it has already filed an application before the Hon’ble Debts Recovery Tribunal, Bangalore for the recovery of the amount due to it, from the complainant.  The complainant has suppressed the same and has come up with the matter on hand.  As such, the complaint is not maintainable and liable to be dismissed.
4.     To prove the facts, both parties lead their evidence by filing respective affidavits and relied on several documents.  Written arguments filed.  Heard the oral submissions of both and perusing the material on record, matter posted for orders.  
5.       The points arose for our consideration are:-

1. Whether the complaint is maintainable?
2. Whether the complainant establishes the deficiency in service on the part of opposite parties, in not returning the documents pledged with them and thereby the complainant is entitled for the reliefs sought?
3.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the negative.

Point No.2 :- Does not call for discussion.

Point No.3 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainant by creating equitable mortgage by deposit of title deed, mortgaged his immovable property availed loan form opposite party No.1.  He cleared the entire debt on 15.04.2008 and sought for return of the entire document.  The opposite party No.1 not returned the documents despite of several requests.  Aggrieved by the same, the complainant filed the complaint and sought for the reliefs.
8.   The opposite party No.1 contended that, the complainant availed the overdraft credit facility by mortgaging the house property on security towards the housing loan availed by him.  The complainant defaulted in repayment of the loan due amount.  As such, the opposite party No.1 has initiated the action before the Debt Recovery Tribunal for recovery of the dues which is pending for disposal. Further the complainant also filed a suit before ACJM Court, Mysuru, the NDC alleged by the complainant is also one of the document to be looked into be Civil Court in the said suit. Hence, the documents were not returned to the complainant.  The complainant has suppressed this fact and has come up with the present complaint.  As such, the opposite party contended that the complaint is not maintainable and prays for dismissal of the complaint.
9.    It is established that, the opposite party No.1 has taken action against the complainant, for recovery of the dues to it, before the Debt Recovery Tribunal and the same is pending for disposal, even suit is also pending.  As such, this present complaint before the Forum is not maintainable.  So, we opine that, the complaint on hand is liable to be dismissed as not maintainable.  Accordingly, point No.1 is answered in the negative.   
10. Point No.2:- From the above observation, this point does not survive for discussions.
11. Point No.3:- In view of the above observations, we proceed to pass the following

:: O R D E R ::

1. The complaint is hereby dismissed as not maintainable.
2. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 13^th January 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER