Tamil Nadu

South Chennai

3/2009

N.Prabhakar - Complainant(s)

Versus

M/s.ICICI bank Home Finance - Opp.Party(s)

A.Vivekanandhan

03 Oct 2018

ORDER

                                                                        Date of Filing  : 10.12.2008

                                                                          Date of Order : 03.10.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.03/2009

DATED THIS WEDNESDAY THE 03^RD DAY OF OCTOBER 2018

                                 

N.  Prabhakar,

S/o. Thiru. K.P. Nainar,

No.33, Periyar Nagar,

Vela Theru,       

Karaikkal – 609 604,

Union Territory of Pondicherry.                                      .. Complainant.                                                    

..Versus..

 

1. M/s. ICICI Home Finance Ltd.,

ICICI Bank Towers,

Bandra Kurla Complex,

Mumbai – 400 051.  

 

2. The Manager,

ICICI Bank Ltd.,

Home Loans Division, ICICI Tower,

No.99, Santhome High Road,

Karpagam Avenue,

Chennai – 600 028.                                               ..  Opposite parties.

          

Counsel for complainant                 :  M/s. A. Vivekanandhan &

                                                            another

Counsel for opposite parties 1 & 2 :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to return back the original documents pertaining to the land property of the complainant and to pay a sum of Rs.1,00,000/- towards compensation for deficiency in service and negligent on the part of the opposite parties with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he has availed loan of Rs.1,29,900/- from the opposite party in the month of January 2002 on condition that the said amount should be repaid in equal monthly instalments at the rate of Rs.1,916/-.   Further the complainant submits that he has deposited the original document pertaining to the land belongs to the complainant situated in Senneerkuppam Village, Poonamallee Taluk, Kancheepuram District through Perambur Co-operative Society.   Further the complainant submits that the loan was sanctioned by the opposite parties, after collecting the original documents pertaining to the above stated land property in Loan A/c No.LBCHE 00000353959 in Application No.500849.   Further the complainant submits that the complainant has paid the entire amount and there is no dues.    Further the complainant submits that even after repeated requests and demands, the opposite parties has not returned the original documents.  Hence, the complainant issued letter dated:04.08.2006, legal notices as per dated:16.11.2006 & 24.02.2007 and several e-mails for return of the original documents.  But the opposite party has not given any proper response issued reply mail dated:03.08.2006.  The act of the opposite parties caused great mental agony.    Hence, the complaint is filed. 

2.     Mr. V.V. Giridhar, Counsel for the opposite parties 1 & 2, initially filed Vakalath but subsequently failed to file written version eventhough sufficient time is given.   Hence, the opposite parties 1 & 2 was set Exparte.

3.      The points for consideration is:-

1. Whether the complainant is entitled to get return of the original documents a prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for deficiency in service and negligence as prayed for with cost?

4.      On point:-

The opposite parties 1 & 2 remained Exparte.   The complainant has not turned up to advance any oral arguments or filed written arguments.  Perused the records namely the complaint, proof affidavit of complainant documents etc.   The complainant pleaded and contended that he has availed loan of Rs.1,29,900/- from the opposite party in the month of January 2002 on condition that the said amount should be repaid in equal monthly instalments at the rate of Rs.1,916/-.   But the complainant has not produced any record.  Further the complainant contended that he has deposited the original document pertaining to the land belongs to the complainant situated in Senneerkuppam Village, Poonamallee Taluk, Kancheepuram District through Perambur Co-operative Society.   But the complainant has not produced any document to prove what are the documents he has deposited for availing loan.   But on a careful perusal of records, it is seen that as per Ex.A4, reply email, it is stated that “To provide the Communication Address with PIN code, Contact numbers, Total Loan amount, Equated Monthly Instalment (EMI) amount.   Further the contention of the complainant is that the complainant has paid the entire amount as per Ex.A1 letter; is admitted and there is no dues.    Further the contention of the complainant is that even after repeated requests and demands, the opposite parties has not returned the original documents.  Hence, the complainant is constrained to issue letter as per Ex.A2, legal notices as per Ex.A7 & Ex.A9, e-mails as per Ex.A4 to Ex.A6 for return of the original documents.  But the opposite party has not responded properly except issuing reply mail as per Ex.A4 proves the original document has not been returned to the complainant till date establishes the deficiency in service.  The opposite party remained Exparte in this case also.   Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 & 2 shall return the original documents received towards sanction of loan with a compensation of Rs.15,000/- and cost of Rs.5,000/-.

  In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to return the original documents received towards sanction of loan and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 03^rd day of October 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	26.11.2005	Copy of letter sent by the 1st opposite party to the complainant
Ex.A2	04.08.2006	Copy of letter sent by the complainant to the 2nd opposite party
Ex.A3	04.09.2006	Copy of letter sent by the complainant to the 2nd opposite party
Ex.A4	03.08.2006 to 06.08.2006	Copy of e-mail sent by the complainant to the opposite parties
Ex.A5	19.08.2006	Copy of e-mail sent by the complainant to the opposite parties
Ex.A6	01.09.2006 to 04.09.2006	Copy of e-mail sent by the complainant to the opposite parties
Ex.A7	16.11.2006	Copy of legal notice sent by the complainant to the 2nd opposite party
Ex.A8	20.11.2006	Copy of acknowledgement card for the receipt of the above notice
Ex.A9	24.02.2007	Copy of legal notice sent by the complainant to the 2nd opposite party
Ex.A10	02.03.2007	Copy of acknowledgement card for the receipt of the above notice

 

 

MEMBER –I                                                                      PRESIDENT