KERALA STATE CONSUMER DISPUTES REDRESSAL 

     COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

           APPEAL:429/2009

                             JUDGMENT DATED:06..03..2010

PRESENT

JUSTICE SHRI.K.R.UDAYABHANU                :  PRESIDENT

SHRI.M.K. ABDULLA SONA                                      : MEMBER

1.Kottayam District Co-operative Bank Ltd.,

Repd. by its General Manager.

Kottayam.

                                                                             : APPELLANTS

2.Morning and Evening Branch,

  Kottayam District Co-operative Bank Ltd.,

Repd. by its Manager. Kottayam.

(By Adv: Adv.Jose Joseph K)

                 Vs.

1.P.N. Chandran,

Perumasseriyil house, S.H.Mount.P.O,

Kottayam-686 006.

                                                                           : RESPONDENTS

2.B.N.Omanakuttan,

Perumasseriyil house, S.H.Mount.P.O,

Kottayam-686 006.                                                                                                                                                                                                                

                                    JUDGMENT

JUSTICE SHRI.K.R.UDAYABHANU:  PRESIDENT

The appellants are the opposite parties in CC:115/06 in the file of CDRF, Kottayam.  The appellants are under orders to sanction  the remaining instalments of the loan and also to pay Rs.2500/- towards cost.

2. The matter relates to non sanctioning of the 2^nd instalment of the home loan sanctioned to the father of the respondents.  After receiving the 1^st instalment of Rs.24,000/- the loanee died on 10/12/2004.  The application for the 2^nd instalment is dated:10/12/2004.  It is the contention of the appellant that the signature in the above application is a forged one.  It is contended that the construction has not been completed up to the lintel level as required.

3. First respondent is present in person, 2^nd respondent is his brother.

4. It is submitted by the 1^st respondent that the respondents have inherited the property which has been mortgaged to the appellants by deposit of title deeds.  It is pointed out by the counsel for the appellants that the alleged inheritance is by an unregistered will.  The 1^st respondent has stated that the mutation proceedings are over and his two married away sisters and mother will endorse as to the fact that they have no claim over the property.  On an examination of the documents produced we find that the deceased was not having the fixed signature.  Hence the conclusion that the signature is forged stands not properly established.  The 1^st respondent has asserted that the construction up to the lintel level has been completed.

5. In the circumstances the appellants are directed to disburse the next instalment of the loan amount after satisfying as to the title of the respondents after directing the respondents to fulfill the required legal formalities if any.  The appellants are to see that the next instalment is released at the earliest at any rate within 3 months from the date of receipt of this order.  In the circumstances the direction to pay cost is set aside.  The appeal is disposed of accordingly.

The office is directed to forward the LCR to the Forum urgently.

JUSTICE K.R.UDAYABHANU:  PRESIDENT

M.K. ABDULLA SONA : MEMBER

VL.