KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUZTHACAUD, THIRUVANANTHAPURAM APPEAL NO.290/04 JUDGMENT DATED: 21/8/08 PRESENT:- JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT SMT.VALSALA SARANGADHARAN : MEMBER Secretary, Kollam Development Authority, : APPELLANT Kollam. (By Adv.M.Sundararaju) Secretary, : ADDITIONAL Kollam Corporation, Kollam APPELLANT Vs M.Shamsudeen, Sudheer Manzil, : RESPONDENT TKM College P.O., Kollam (By Adv.V.Raghu) JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party/Kollam Development Authority in OP No.280/03 in the file of CDRF, Kollam. The appellant is under orders to return the title deeds entrusted with the appellant as the loan availed by the complainant on 30/7/90 of a sum of Rs.25,000/- was repaid. The loan amount was to be repaid in 120 instalments of Rs.375/- each. He defaulted. On 13/11/2001 the complainant received a notice to pay an amount of Rs.27,000/- with penal interest. According to the complainant he remitted the above amount including penal interest of Rs.375/-. On 10/3/03 he applied for getting the documents returned. The request was rejected. 2. The opposite party/appellant has stated that the amount of loan is given from the Housing Loan Scheme implemented availing loan from HUDCO on Government guarantee. It is mentioned that the complainant committed default and did not pay any amount for 5 years ie, from 3/96 to 5/02. The liability has to be calculated in accordance with the agreement executed by the complainant with the Kollam Development Authority. The actual amount as per the terms of the agreement comes to Rs.30,998/- . It is clearly stated in the notice that the interest due on the defaulted amounts will be informed later. 3. The evidence adduced consisted of the testimony of Ext.P1 series and Exts. D1 to D7. 4. We find that the Forum has just disposed of the matter by the cryptic order mentioning that the complainant has paid Rs.27,000/- as per notice issued and also paid Rs.375/- as penal interest. The Forum has not considered the contentions of the appellant/opposite party at all. 5. It is seen from the details of the scheme as evidenced by the agreement produced that the amount of Rs.25,000/- is to be repaid in monthly instalments of 120 instalments, ie, within 10 years. The last instalment was due in the month of August 2001. The complainant had only remitted 48 instalments. The balance instalments due are 72 and the amount of instalments due would work out to Rs.27,000/-. The complainant has also to pay penal interest on the defaulted instalments. According to the appellants the penal interest for 72 instalments would workout to Rs.14,783/-. The penal interest for the previous defaulted instalments would workout Rs.1,445/-. There are also other miscellaneous expenses like notice charge etc.. In the statement accompanying the appeal memorandum the appellant has mentioned the date wise details of the amounts remitted as well as the interest due. It cannot be held that the entire penal interest etc.. has been paid by remitting Rs.375/-. Hence we find that the order of the Forum cannot be sustained. The same is set aside. 6. It was submitted by the counsel for the appellant that only the Government in the particular department is empowered to waive penal interest and that the Government has waived penal interest in a number of instances and that it is up to the complainant to approach the Government in this regard. Hence it is for the complainant/respondent to approach the Government in this regard. Only after obtaining the favourable order from the Government, he can demand the appellant to return the documents. With the above observations, the appeal is allowed. JUSTICE K.R.UDAYABHANU : PRESIDENT VALSALA SARANGADHARAN : MEMBER PK.
......................JUSTICE SHRI.K.R.UDAYABHANU
......................SMT.VALSALA SARNGADHARAN | | 
