DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 31st day of December 2016
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 24/09/2016
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.144/2016)
Ajithakumari
W/o.Muthukumaran,
Cherinkal Veetil House,
Karippali Post,
Pattancheri Village,
Chittur Taluk - Complainant
(By Adv.K.Mohandas )
Vs
Manager,
HDFC Bank Ltd.,
3/596, Main Road
Kottapady, Koduvayur (PO),
Palakkad 678 501 - Opposite party
O R D E R
By Smt.Shiny.P.R. President.
Brief facts of complainant.
The complainant availed a loan of Rs 1,00,000 from Lord Krishna Bank under PMRY scheme. At the time of availing loan the complainant had deposited her Original Settlement deed No.14/2006 of SRO Koduvayur ,Original Jenmam sale deed No.1916/2005 of SRO Koduvayur, photocopy of jenmam sale deed No 237/1987 of SRO Koduvayur, possession certificate and tax receipts before the Lord Krishna Bank. While she was regularly paying the installments, Lord Krishna bank merged with opposite party HDFC bank. Afterwards the balance amount of Rs.15,000/- was paid by the complainant under onetime settlement scheme to the opposite party bank and the above said loan was closed. After closing the loan, the complainant approached the opposite party bank on several times for the return of the above mentioned documents. But they did not return the document so far. The complainant alleges that the opposite party bank has the bounden duty to return the documents which were deposited before them as and when the loan is closed and the complainant has every right to get return those documents. Complainant further submits that she had to avail a loan for developing her agriculture from any other banks she had to pledge the above documents for availing it. Since the opposite party bank has not returned the said documents she is not in a position to avail loan from any other bank. Since the original document is not in possession, she could not sale his property and no one is willing to purchase the property without the original document. Complainant alleges that the above acts of the opposite party amounts to deficiency of service and unfair trade practice. Hence the complaint. Complainant prays for an order to direct the opposite party to return the documents namely original Settlement Deed No.14/2006, original Jenmam Sale Deed No.1916/2005 of Koduvayur SRO, photocopy of Jenmam Sale Deed No 237/1987, possession certificate and tax receipts along with Rs.5lakhs as compensation for the damages suffered by the complainant, cost of Rs.5,000/-.
Complaint was admitted and notice issued to the opposite party for appearance. Opposite party remained absent inspite of accepting notice, hence they were called absent and set exparte.
Complainant filed chief affidavits along with documents. Ext.A1to A7series were marked from the part of the complainant.
The following issues are to be considered.
1. Whether there is any deficiency in service on the part of opposite
party?
2. If so, what are the reliefs and cost?
ISSUES 1 & 2
We have perused the documents as well as affidavit filed by the complainant. Ext.A1 is the pass book issued by the Lord Krishna bank to complainant. Ext.A2 reveals that the Lord Krishna bank had received the documents namely original settlement deed No.14/06, original jenmam sale deed No.1916/05, photocopy of jenmam sale deed No.237/87, possession certificate, encumbrance certificate,building tax receipt and basic tax receipts from the complainant. Ext.A3 shows that the complainant had cleared the loan amount as per one time settlement by paying an amount of Rs.15,000/. Ext.A7 series shows that complainant sent lawyer notice to opposite party to get return the documents which were deposited before the Lord Krishna bank. Opposite party failed to appear before the Forum inspite of accepting notice. As the opposite party remained exparte, the evidence tendered by the complainant stands unchallenged. Hence we are of the view that the complainant had proved his case before the Forum. Without returning the original documents the opposite party bank has committed gross negligence and deficiency of service on their part.
Hence the complaint is allowed and we direct the opposite party to return original Settlement Deed No.14/06, Original Jenmam Sale Deed No.1916/05, photocopy of jenmam sale deed No.237/87, possession certificate, encumbrance certificate. building tax receipt and basic tax receipts to the complainant within one month from the date of this order along with Rs.5,000/- (Rupees Five thousand only) as compensation for mental agony suffered and cost of Rs.3,000/- (Rupees Three thousand only) to the complainant.
If the opposite party is failed to return the above said documents within one month from the date of this order, complainant is entitled to get an amount of Rs 1,00,000/- (Rupees One lakh only) as compensation for non return of documents, Rs.5,000/- (Rupees Five thousand only) as compensation for mental agony, Rs.15,000/- ( Rupees Fifteen thousand only) for expenses to be incurred for getting certified copy of the above said deeds and for paper publication along with cost of Rs.3,000/-(Rupees three thousand only) from the opposite party. Complainant
is also eligible for 9% interest per annum for the whole amount till realization. Further the opposite party is also directed to issue non liability certificate to the complainant.
Pronounced in the open court on this the 31st day of December 2016.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Pass Book issued by Lord Krishna Bank Ltd.
Ext.A2 – Photocopy of acknowledgement of receipt of title deeds
dtd.23/12/06
Ext.A3 – Photocopy of receipt No.65365443 dated 21/01/2014 of HDFC bank
Ext.A4 – Photocopy of request sent by complainant to opposite party dated
24/7/14
Ext.A5 – Photocopy of request sent by complainant to opposite party dated
04/11/15
Ext.A6 – Photocopy of letter sent by complainant to District Collector dated
03/7/16
Ext.A7 series – Lawyer notice sent to opposite party dated 1/8/16 alongwith
postal receipt and acknowledgement card
Exhibits marked on the side of opposite party
Nil
Cost
Rs.3,000/-allowed as cost of the proceedings.
