DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD

Dated this the 17^th day of June 2011

Present : Smt.Seena.H. President

: Smt. Preetha G Nair, Member

: Smt.Bhanumathi.A.K. Member Date of filing: 2/02/2011

(C.C.No.19/2011)

Narayanan,

S/o.Makku,

Karippali Karampathur (PO),

Ottapalam, Palakkad

(Party in Person) - Complainant

V/s

Nandakumar,

Managing Director,

Manappuram General Finance (Asset),

Head Office, Valappad,

Thrissur District

(By Adv.K.N.Babu) - Opposite party

O R D E R

By Smt.SEENA.H. PRESIDENT

Case of the Complainant in brief.

Complainant on 24/3/2006 availed a vehicle loan of Rs.2 lakhs from Lakshmi Finance Company, Shoranur pledging title deed pertaining to the property of the mother of the complainant. Complainant repaid 4 installments. Later complainant could not pay the installments and opposite party instituted case against the complainant. Attachment was ordered. Later Lakshmi Finance was taken over by opposite party. The suit was decreed on 30/11/2010. Later on 2/12/2010 opposite party informed the complainant over phone if an amount of Rs.2,80,000/- is paid, matter will be settled and documents will be returned. Complainant paid the said amount on 4/12/2010. Complainant has raised the amount by executing an agreement of sale of the property pledged. After that on 20/12/2010 opposite party again asked the complainant to pay Rs.50,000/- That was also paid by the complainant. As the opposite party failed to return the title deeds, complainant suffered an amount of Rs.50,000/- in addition to the advance amount received. Complainant has raised Rs.50,000/- on account of an agreement of sale of the vehicle. Complainant also suffered an amount of Rs.25,000/- as he could not sell the vehicle for want of termination letter. Opposite party has not so far returned the documents. Hence the complaint. Complainant prays for an order directing the opposite party to return the documents alongwith compensation of Rs.1,25,000/-.

Opposite party filed version contending the following:

After availing the loan complainant failed to pay installments and hence suit for recovery of money was filed and the property offered as security was attached. As per the decree dated 30/10/10, complainant has to pay Rs.2,42,414/- with 9% interest for the principal amount of Rs.2,00,000/- and cost of Rs.27,592/- So till 4/12/10 an amount of Rs.3,82,835/- was due from the complainant. As part of settlement opposite party agreed for an amount of Rs.3,30,000/- Accordingly 2,80,000/- was paid on 4/12/2010 and balance was paid on 22/12/2010. Opposite party has produced all the original documents of the complainant before Sub Court, Ottapalam in the money suit and it was marked also. To return the marked documents substituted copies of the marked documents has to be produced before the Court. After the receipt of the amount from the complainant opposite party made necessary arrangements to get the documents from the court. After the receipt of the same from the court, opposite party was ready to return the same to the complainant, but complainant did not accept the same. There is no deficiency in service on the part of opposite party and hence complaint is liable to be dismissed.

The evidence adduced by the complainant consists of the affidavit and Ext.A1 to Ext.A4 out of which Ext.A2 and Ext.A3 were marked subject to proof. Opposite party also filed chief affidavit and Ext.B1 and Ext.B2 were marked. Opposite party also produced all the documents of the complainant before the Forum.

Now the issues that arise for our consideration are

1. Whether there is any deficiency in service on the part of opposite party ?

2. If so, what is the relief and cost complainant is entitled to ?

Issue No.1 & 2

The definite case of the complainant is that even after repayments of the whole dues, opposite party failed to return the title deeds pledged and also termination letter of the vehicle. Opposite party also agreed that the whole dues were settled by the complainant on 22/12/10. The reason for non return of title deeds according to opposite party is the delay in obtaining the originals after substitution of certified copies. After obtaining the title deeds from the court, opposite party was ready to return the same but complainant refused to accept the same.

Heard both parties and has gone through the entire evidence on record.

Settlement of all dues on 22/12/10 is an undisputed fact. Court was closed for Christmas vacation from 24/12/10 to 4/1/2011. As per Ext.A1, opposite party has applied for recording full satisfaction on 18/1/2011. Opposite party has not adduced any evidence to show when they have applied for return of original documents from the court and when they have received the same after substituting copies. Complainant who has filed this case on 2/2/2011 has stated that till the filing of the case, he has not received the documents. Opposite party has stated that they were ready to hand over the document to the complainant, but complainant was not willing to accept the same. This aspect is also not proved by any documentary evidence. After filing of the case opposite party has produced the documents alongwith the version. Again no proper explanation is forthcoming on the opposite party with regard to the issuance of termination letter which is readily available with the opposite party. We find that there is no bar in the issuance of the same since the complainant has cleared the dues on 22/12/2010 itself.

In view of the above discussion we find that there is some delay on the part of opposite party in returning the title deeds and termination letter to the complainant. Complainant has sought compensation under the head of loss suffered on account of non fulfillment of the agreement of sale of property and vehicle. Complainant has not proved loss by any documentary evidence. Hence complainant only entitled for compensation for the deficiency in service on the part of opposite party.

In the result complaint allowed. Opposite party is directed to pay complainant an amount of Rs.2,000/- (Rupees Two thousand only) as compensation alongwith Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Title deeds and termination letter produced by opposite party shall be released to the complainant on application. Order to be complied within one month from the date of receipt of order, failing which the whole amount shall carry interest at the rate of 9% per annum from the date of order till realization.

Pronounced in the open court on the 17^th day of June 2011.

Sd/-