CC Filed on 04.02.2011
Disposed on 27.04.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 27th day of April 2011
PRESENT:
Sri. G.V.HEGDE, President.
Sri. T.NAGARAJA, Member.
Smt. K.G.SHANTALA, Member.
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Consumer Complaint No. 13/2011
Between:
Sri. M.N. Gangadaraiah, S/o. Late. R. Narayanaswamy, Retired S.D.A., Chikka Maramma Gudi Road, MalurTown. | ….Complainant |
V/S The Chief Executive Officer, Zilla Panchayath Office, Kolar. | ….Opposite Party |
ORDERS
This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay compensation of Rs.25,000/- for not issuing Form 39 as required under article 214 of K.F.C within reasonable time evenafter the clearance of house building loan, inspite of repeated requests made by complainant.
2. The material facts of complainant’s case may be stated as follows:
That the complainant was working as S.D.A in Revenue Department and he retired from service on 31.01.2006 on superannuation. He was working in the office of OP from April 1987 to May 1993 on deputation. It is alleged that while he was working in the office of OP in the year 1988 he was granted house building loan to the extent of Rs.1,08,750/- with certain terms and conditions as applicable to government servant and that the complainant had mortgaged the site and the house to be built on it as security for repayment of the principal and interest. It is alleged that the said loan and the entire interest payable on it was paid by complainant on or before 18.02.2009 and thereafter Chief Accounts Officer of OP made a request to Accountant General for issue of Loan Clearance Certificate in Form - 71. Subsequently the Accountant General issued the clearance certificate in Form - 71 on 12.06.2009. It is alleged that thereafter the OP was required to issue Form - 39 to Sub-Registrar, Malur re-conveying the mortgaged property. Further it is alleged that the Chief Executive Officer of OP had ordered on 17.03.2010 for issue of Form - 39 and inspite of it the concerned officials of OP had not issued Form - 39 till now. The complainant has alleged that at each and every step he was harassed by not taking proper action by OP on his representation for issue of Form - 39. He alleged that he spent huge amount for unnecessary visits to different places to secure the documents. Therefore he prayed for compensation of Rs.25,000/-.
3. In response to the notice issued to OP, an official stating to be the Assistant Secretary of OP appeared on 09.03.2011 on behalf of OP and submitted that by next date of hearing K.F.C Form - 39 would be handed over to Sub-Registrar, Malur. The complainant appeared on the next date of hearing and stated that K.F.C Form - 39 has been issued on 15.03.2011 and the same was received in the office of Sub-Registrar, Malur. Subsequently the OP did not appear and has not filed any version. The complainant submitted that a reasonable compensation may be awarded to him for the unreasonable delay caused by OP or its officials in executing re-conveyance deed in Form - 39.
4. After considering the submission of complainant and the records filed by complainant, we found that there is inordinate delay on the part of OP or its officials in executing the re-conveyance deed in Form-39 and the complainant was put to unnecessary harassment.
5. The complainant had borrowed house building loan on certain terms and conditions. He had offered the site on which the house is constructed as security for repayment of loan and interest and had executed mortgaged deed. Subsequently he discharged the entire mortgaged loan and the interest and had produced the proper evidence. Even there was an order by C.E.O of OP on 17.03.2010 for issue of re-conveyance deed in Form - 39. The complaint was filed by the complainant in person on 04.02.2011 nearly after a year from the date of order of C.E.O directing to issue Form - 39. The Accountant General had issued Form - 71 on 12.06.2009 to OP stating that the entire mortgage loan and interest payable by complainant has been received and the mortgage loan has been cleared. The OP has not stated any acceptable reason for the inordinate delay in issuing Form - 39. Considering the facts and circumstances of the case, we hold that there is deficiency on the part of officials of OP in not taking action within reasonable time for issue of Form - 39 and we think the complainant should be awarded a sum of Rs.1,000/- towards costs and compensation.
6. For the above reasons we pass the following:
O R D E R
The complaint is allowed in part. OP shall pay Rs.1,000/- (rupees one thousand only) to complainant towards costs and compensation, within 30 days from the date of this order.
The OP is at liberty to recover the said sum of Rs.1,000/- from such of the official who was responsible for the delay in issuing Form - 39.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 27th day of April 2011.
MEMBER MEMBER PRESIDENT
