KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIURVANANTHAPURAM FIRST.APPEAL NO.768/05 JUDGMENT DATED: 30.12.09 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The Secretary, : APPELLANT Kerala State Housing Board, Idukki Division, Thodupuzha. (By Adv.G.Nissar) K.J.Issac, : RESPONDENT Karikkathara House, Maniyarankudy.P.O., Idukki District. (By Adv.R.Murugan) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/Kerala State Housing Board. The appellant is under orders to pay a sum of Rs.1500/- as compensation and also under direction to close the loan account of the complainant and release the title deeds. It is also directed that if the security documents are not released within 30 days the appellant would be liable to pay compensation at the rate of Rs.25/- per day till the documents are realised. 2. It is the case of the complainant that he had availed loan of Rs.58,000/- from the opposite party and the first installment was sanctioned on 19.8.92. There was default and hence the RR proceedings were initiated. During the RR proceedings the complainant repaid a sum of Rs.1,20,700/-. According to him he has remitted the entire outstanding amount and the account was closed. The last payment was on 20.7.99. Thereafter a number of times he approached the appellants for getting back the documents handed over as security. During April, 2004 the opposite party has issued a notice claiming a balance of Rs.93643/- and intimating that Rs.24534/- can be waived under One Time Settlement. The complainant has sought for direction to release documents and get the loan account closed. 3. It is the case of the opposite party that the complainant had defaulted repayment of the loan amount and RR proceedings were initiated on 4.4.94. Till 31.7.99 the Revenue Authorities realised the amount of Rs.97565/-. According to the opposite party an amount of Rs.93643/- is outstanding as on 31.12.2004. The One Time Settlement benefit was also offered. 4. The evidence adduced consisted of the testimony of PW1, DW1; Exts. P1, R1 to R6. 5. I find that Ext.P1 is the report of the Village Officer as per which till 29.7.99 a sum of Rs.1,02,200/- has been realised and that out of the above amount Rs.68776/- is towards principal and Rs.33424/- is towards interest. According to the appellant a sum of Rs.97565/- has been realised through RR proceedings as 5% would be credited towards collection charges. Ext.R3 is the request for initiating RR proceedings wherein the principal amount is mentioned as Rs.58000/- and interest as on 1.4.94 is Rs.10,776/- ie total amount to be realised is Rs.68776/- and interest at 16% from 1.4.94 ie on the principal amount. The interest at 16% is also added till the date of closing of the RR proceedings ie. 29.7.99. But I find that from 1999 no steps have been initiated by the appellant to realise the above amount. It is only in April 2004 notice has been issued claiming a sum of Rs.93643/-. I find that that complainant has remitted the amounts in a number of installments in the course of RR proceedings hence for the entire period interest cannot be claimed on principal amount 58000/- as after remitting the interest the principal will have to be reduced. I find that the appellant has not taken any steps to realise the amounts so far. Hence keeping the loan account unclosed for ever is not proper. The claim of Rs.93643/- is absolutely incorrect as by July 1999 itself the complainant has remitted admittedly a sum of Rs.97565/- towards loan account. In the circumstances I find that there is deficiency in service on the part of the appellant. In the result the order of the Forum below directing to close the loan account and release the security documents is upheld. The direction to pay compensation of Rs.1500/- is set aside. The direction of the Forum that the appellant would be liable to pay Rs.25/- per day in case documents are not released within 30 days is also set aside. The appellant is directed to release the title deeds within 3 months from the date of receipt of the copy of this order failing which the complainant would be entitled for Rs.5000/- as compensation. 6. The appeal is allowed in part. Office is directed to forward the LCR to the Forum urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT ps
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