DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD

Dated this the 27th day of May 2010 .

Present : Smt. H. Seena, President

: Smt. Preetha G. Nair, Member

: Smt. Bhanumathi.A.K, Member

C.C.No.68/2010

T. Unnikrishnan

S/o. Chami

Theeppattukuzhi House

Mannur

Palakkad . - Complainant

(Adv. K. Balachandran & P.Rajesh)

V/s

The Manager

State Bank of India

Keralassery Branch

Palakkad. - Opposite parties

(Adv. )

O R D E R

By Smt. Seena.H

Complaint coming up for hearing on admission, the forum deliver the following.

The complainant is regarding the non return of documents related to his house and property deposited with the opposite party at the time of availing loan. Thereafter the complainant requested the Bank to waive his debt as he is eligible for the same as per the Agricultural and Rural Debt Relief scheme. As the Bank refused to accept the same Complainant filed a complaint before the Munsiff Court, Palakkad and there after taken up in appeal by opposite party in the District Court. Complainant submitted that as per the order of the Honourable District Court, opposite parties are liable to waive off the debt and release the documents produced. The order of the Honourable District Court was dated 15/02/2001. Thereafter several times complainant requested for the documents from the opposite party. So far not returned. Finally a lawyer notice dated 31/03/2010 was issued for which though received opposite party has not replied. Hence complainant alleges deficiency in service on the part of opposite party.

- 2 -

Heard the complainant. On verifying the complaint and the documents produced along with, it is seen that the complaint is filed on 12/05/2010. Complainant has stated that he is entitled for return of his documents deposited with the Bank as per the order of the Honourable District Court. The order is seen to be dated 15/02/2001. Complainant has further submitted that he has demanded back the documents several times. In the lawyer notice dated 31/03/2010 also, complainant has specifically stated that complainant has been demanding return of documents from the opposite party for over 3 years. Hence we are of the view that complaint filed on 12/05/2010 is clearly barred by limitation under Section 24- A of Consumer Protection Act.

Hence without going into the merits of the case, complaint is dismissed.

Pronounced in the open court on this the 27th day of May, 2010.

PRESIDENT (SD)

MEMBER (SD)

MEMBER (SD)

APPENDIX

Date of filing : 12/05/2010

Witness examined on the side of Complainant

Nil

Witness examined on the side of Opposite party

Nil

Exhibits marked on the side of the complainant

Nil

Exhibits marked on the side of the opposite party

Nil

Forums Exhibits

Nil