Tamil Nadu

South Chennai

CC/320/2018

Mrs Dhanalakshmi - Complainant(s)

Versus

Oriental Bank of Commerce - Opp.Party(s)

M/s Ilamparithi

02 Aug 2019

ORDER

                                                                        Date of Filing  : 13.07.2018

                                                                          Date of Order : 02.08.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.320/2018

DATED THIS FRIDAY THE 02^ND DAY OF AUGUST 2019

                                 

Mrs. Dhanalakshmi,

W/o. Mr. Muniyasekaran,

No.13/14, (42) 1^st Street,

Teachers Colony,

Nanganallur,

Chennai – 600 061.                                                         .. Complainant.                                                      ..Versus..

 

Oriental Bank of Commerce,

Rep. by its Branch Manager,

Kotturpuram Branch,

No.1, First Main Road,

Kotturpuram,

Chennai – 600 085.                                                    ..  Opposite party.

          

Counsel for the complainant  :  M/s. S. Ilamparithi & others

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to return the following original documents viz. 

i. Agreement of Sale Deed dated:27.06.2005 between Mrs. S. Thulasi and others.

ii. Construction Agreement dated:27.06.2005 between Mrs. S. Thulasi and the Builder

iii. Sale Deed dated:06.10.2005 Doc. No.2892/2005 executed by K. Ramesh and another to and in favour of Mrs. S. Thulasi

iv. Possession Certificate dated:21.07.2006

v. Proceedings of Alandur Municipality dated:08.06.2005

vi. Approved Building Plan

and to pay a sum of Rs.10,00,000/- towards compensation for damages and mental agony with cost to the complainant.

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

The complainant submits that she purchased a residential flat bearing No.G-2, Ground Floor, “R.M. Meena Flats”, Old No.13, New No.14, First Street, Teachers Colony, Thalakkanancheri Village, Tambaram Taluk, Chennai – 600 014 from One Mrs. S. Thulasi, W/o. Mr. S. Srinivasan by way of registered Sale Deed No. 2541/2010 and she is in continuous possession of the apartment.  The previous owner Mrs. S. Thulasi availed loan from the opposite party bank and defaulted in payment.  Hence, the opposite party filed O.S. No.238/2008 before Subordinate Judge, Tambaram and obtained a decree for a sum of Rs.9,61,702/-.  While so, Mrs. S. Thulasi appointed Mrs. Nageswari as Power of Attorney by way of registered document No.140/2010 dated:26.02.2010  empowering her to discharge the loan by selling the property.  Accordingly, Mrs. Nageswari approached the opposite party and discharged the loan without any due.  The opposite party also filed a memo dated:24.11.2014 thereby, full satisfaction was recorded.  The opposite party also, agreed to return all the original documents viz.

i. Agreement of Sale Deed dated:27.06.2005 between Mrs. S. Thulasi and others.

ii. Construction Agreement dated:27.06.2005 between Mrs. S. Thulasi and the Builder

iii. Sale Deed dated:06.10.2005 Doc. No.2892/2005 executed by K. Ramesh and another to and in favour of Mrs. S. Thulasi

iv. Possession Certificate dated:21.07.2006

v. Proceedings of Alandur Municipality dated:08.06.2005

vi. Approved Building Plan

within 10 days.  But till date the opposite party has not returned the documents.  The complainant sent letters dated:26.06.2012, 27.11.2013, 25.09.2015, 21.03.2016 & 19.07.2016 claiming for return of the original documents.  The opposite party even after receipt of the letters has turned deaf ears.  

2.     The complainant submits that in the absence of original documents, the complainant was not able to avail any loan from any financial institution including bank resulting the value of the property is diminished.  The complainant submits that she deposited a sum of Rs.1,10,000/-  by opening a Savings Bank Account with the opposite party Bank as demanded by the erstwhile Manager Mr. A. Sathyamurthy to enable the Bank to reimburse the litigation charges and such other incidental and miscellaneous charges.  The complainant is claiming a sum of Rs.10,00,000/- towards compensation for deficiency in service and return of all the documents with cost. The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     In spite of receipt of notice, the opposite party has not been appeared before this Forum and hence, the opposite party was set exparte.

4.     Though the opposite party remained Exparte, this Forum is to dispose of this compliant fully on merits with available materials before this Forum. 

5.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as her evidence, and also documents Ex.A1 to Ex.A10 are marked.

6.      The points for consideration is:

1. Whether the complainant is entitled to get return of the documents namely;

i. Agreement of Sale dated:27.06.2005

ii. Construction Agreement dated:27.06.2005

iii. Sale Deed dated:06.10.2005, Document No.2892/2005

iv. Possession Certificate dated:21.07.2006

v. Proceedings of Alandur Municipality dated:08.06.2005.

vi. Approval Building plan as prayed for?

2. Whether the complainant is entitled to a sum of Rs.10,00,000/- towards compensation for damages, mental agony, deficiency in service etc. with cost as prayed for?

7.      On point:-

The opposite party after receipt of the notice has not appeared before this Forum hence, set ex-parte.  The complainant filed her proof affidavit, documents, written argument etc.  Heard the complainant’s Counsel also.  Perused the records. The complainant pleaded and contended that she purchased a residential flat bearing No.G-2, Ground Floor, “R.M. Meena Flats”, Old No.13, New No.14, First Street, Teachers Colony,  Thalakkanancheri Village, Tambaram Taluk, Chennai – 600 014 from one Mrs. S. Thulasi by way of registered Sale Deed No. 2541/2010 Ex.A1 and she is in continuous possession of the apartment.  The previous owner Mrs. S. Thulasi availed loan from the opposite party bank and defaulted in payment.  Hence, the opposite party filed O.S. No.238/2008 before Subordinate Judge, Tambaram and obtained a decree for a sum of Rs.9,61,702/-.  While so, Mrs. S. Thulasi appointed Mrs. Nageswari as Power of Attorney by way of registered document No.140/2010 dated:26.02.2010  empowering her to discharge the loan by selling the property.  Accordingly, Mrs. Nageswari approached the opposite party and discharged the loan without any due.  The opposite party also filed a memo dated:24.11.2014 as per Ex.A8 thereby, full satisfaction was recorded.  The opposite party also, agreed to return all the original documents viz.

i. Agreement of Sale Deed dated:27.06.2005 between Mrs. S. Thulasi and others.

ii. Construction Agreement dated:27.06.2005 between Mrs. S. Thulasi and the Builder

iii. Sale Deed dated:06.10.2005 Doc. No.2892/2005 executed by K. Ramesh and another to and in favour of Mrs. S. Thulasi

iv. Possession Certificate dated:21.07.2006

v. Proceedings of Alandur Municipality dated:08.06.2005

vi. Approved Building Plan

within 10 days.  But till date the opposite party has not returned the documents.  The complainant sent letters Ex.A2 to Ex.A6 claiming for return of the documents.  The opposite party even after receipt of the letters has turned deaf ears.  

8.     Further the contention of the complainant is that in the absence of original documents, the complainant was not able to avail any loan from any financial institution including bank resulting the value of the property is diminished .  The complainant also opened a SB account with the opposite party on its request inorder to reimburse the litigation expenses proves the deficiency in service and unfair trade practice.   The complainant is claiming a sum of Rs.10,00,000/- towards compensation for deficiency in service and return of all the documents with cost.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall return the original document Nos. Viz.

i. Agreement of Sale dated:27.06.2005

ii. Construction Agreement dated:27.06.2005

iii. Sale Deed dated:06.10.2005, Document No.2892/2005

iv. Possession Certificate dated:21.07.2006

v. Proceedings of Alandur Municipality dated:08.06.2005.

vi. Approval Building plan

and to pay a compensation of Rs.15,000/- towards mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to return the following original documents namely;

i. Agreement of Sale dated:27.06.2005.

ii. Construction Agreement dated:27.06.2005.

iii. Sale Deed dated:06.10.2005 Doc. No.2892/2005.

iv. Possession Certificate dated:21.07.2006.

v. Proceedings of Alandur Municipality dated:08.06.2005.

vi.     Approved Building Plan

and to pay a sum of Rs.15,000/- (Rupees Fifteen thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten 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 02^nd day of August 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	18.08.2010	Copy of Sale Deed in favour of complainant in Doc. No.2541/2010
Ex.A2	26.06.2012	Copy of letter to the opposite party
Ex.A3	27.11.2013	Copy of letter to the opposite party
Ex.A4	25.09.2015	Copy of letter to the opposite party
Ex.A5	21.03.2016	Copy of letter to the opposite party
Ex.A6	19.07.2016	Copy of letter to the opposite party
Ex.A7	06.11.2014	Copy of affidavit of the Bank Manager and petition
Ex.A8	24.11.2014	Copy of Memo filed by the bank
Ex.A9	19.02.2018	Copy of notice to the opposite party
Ex.A10	21.01.2018	Copy of acknowledgement card

 

 

 

 MEMBER                                                                              PRESIDENT