Kerala

Kottayam

CC/08/134

Padmakshi. - Complainant(s)

Versus

Kerala State Housing Board - Opp.Party(s)

17 Nov 2008

ORDER


Report
CDRF, Collectorate
consumer case(CC) No. CC/08/134

Padmakshi.
...........Appellant(s)

Vs.

Kerala State Housing Board
...........Respondent(s)


BEFORE:
1. Bindhu M Thomas 2. K.N Radhakrishnan 3. Santhosh Kesava Nath P

Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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The case of the complainant is as follows:


 

The complainant’s husband had taken a loan from the opposite party for an amount of Rs.5000/- on 2.3.1998 During the time of repaying the loan amount the husband of the complainant expired. The opposite party assured that if the person who had taken the loan expired, the further loan amount need not be remitted. The complainant approached the opposite party for refund of the documents. But the opposite party stated that the document will be returned only after remitting the full loan amount. So on 30.9.2002 the complainant remitted the full loan amount. There after the complainant and their legal heirs had submitted the legal heirship certificate and the Death certificate as directed by the opposite party. The opposite party had not returned the documents even after repeated demands. Hence this complaint.


 

The notice was served with the opposite party. They did not appear even after accepting the notice from this forum. So the

-2-

opposite party was set exparty.

The complainant filed Proof Affidavit and document which is marked as exhibit A1. The sworn proof Affidavit is un-challenged by the opposite party. So we have no reasons to dis-believe the case of the complainant. We are of the opinion that the case of the complainant is to be allowed.


 

In the result the complaint is allowed as follows: We Direct

the opposite party to return the patta and other documents to the complainant or if not possible we direct the opposite party to pay Rs.10,000/- as compensation for the inconvenience caused to the complainant. Further we direct the opposite party to pay Rs.2000/- as costs of the proceedings. The order will be complied with within a period of one months from the date of receipt of the copy of this order.




......................Bindhu M Thomas
......................K.N Radhakrishnan
......................Santhosh Kesava Nath P