D.O.F:06/06/2019
D.O.O:15/01/2022
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.109/2019
Dated this, the 15th day of January 2022
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
M. Narayanan Nair, aged 71 years,
S/o Late Kunhambu Nair,
Thannithode House, R/at Thannithode,
Kanhiradukkam. P.O
Hosdurg Taluk, Kasaragod Dist -671531 : Complainant
(Adv: Ajay Shekhar.C)
And
Kerala Gramin Bank,
Periya Bazar Branch,
Rep. by the Senior Manager, : Opposite Party
Kerala Gramin Bank,
Periya. P.O, Kasaragod Dist
Pin – 671316
(Adv: Vijayan Kodoth & Sathyashankara.M)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of complainant is as follows:-
The complainant availed a housing loan of Rs. 3,00,000/-from Opposite Party during 2014 by creating equitable mortgage of title deeds of his property. On 27/12/2018 he closed his loan and endorsed in pass book, loan account closed, documents not delivered. Complainant sought return of his title deeds with supporting documents but not returned. Complainant sent lawyer notice dated 24/01/2015 received on 01/02/2019 but not yet complied. There is unfair trade practice, deficiency in service and negligence and claimed compensation of five lakhs and return of title deeds.
2. The Opposite Party filed their written version denying the allegations Opposite Party setup a case that the complainant availed a housing loan from Opposite Party bank for Rs. 3,00,000/- in 2014 by depositing his title deed by way of creating equitable mortgage. Opposite Party also admitted that the loan cleared on 27/12/2010. Then it was noticed that original title deeds of the complainant was misplaced and not traced out. It was explained to the complainant. Opposite Party denied deficiency in service or liability to compensate since complainant did not suffer any loss and therefore prayed to dismiss complaint with cost.
3. The complainant filed chief affidavit marked documents as Ext A1 to A4. Ext A1 is the statement of records issued by the bank. Ext A2 is the true copy of the notice and Ext A3 and A4 is its acknowledgment. Oral evidence of complainant as Pw1 and his wife as Pw2 were adduced and they were cross examined by the Opposite Party. Opposite Party has not adduced any evidence.
4. Considering the rival contentions following points arised for consideration.
a) Whether there is any deficiency in service from Opposite Party?
b) Whether complainant entitled for compensation? For what reliefs?
5. Fact remains that Opposite Party admitted that the housing loan is cleared and no amount is due to the bank and further admitted that they are bound to return the title deeds at the earliest and further that they are not able to return the title deeds since they are not traceable from their side and there is serious deficiency in service evident from the side of Opposite Party. Admission is the best piece of evidence in case unless it is explained as erroneous. Since there is deficiency in service and negligence from the part of Opposite Party, they are liable to pay compensation thereof. The complainant has claimed Rs. 5 lakh as compensation. Though National Commission and Supreme Court has fixed a compensation of Rs. 5 lakh in such similar cases the commission finds that said amount is on the higher side because complainant has not adduced any evidence that he suffered financial loss nor quantified the loss in terms of money. We hereby fix the compensation to the tune of Rs. 1 lakh and said amount is fair and reasonable the circumstances of the case and hence Opposite Party is directed to pay a sum of Rs. 1,00,000/- as compensation along with an interest of 8% per annum annum as interest from the date of filing the complaint with liability to pay Rs. 10,000/- being the litigation cost.
In the result complaint is allowed in part directing Opposite Party to pay Rs. 1,00,000/- (Rupees One lakh only) as compensation along with 8% interest from 06/06/2019 the date of filing of complaint till payment and Rs. 10,000/- (Rupees Ten thousand only) as cost of litigation within thirty days of receipt of copy of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Statement of account
A2- Lawyer notice
A3- Postal receipt
A4- Postal acknowledgment
Witness Examined
Pw1- M. Narayanan Nair
Pw2- Prashanth.K
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
