D.o.F:24/6/2011

D.o.O:16/12/11

IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD

                                      CC.143/11

                   Dated this, the 16th    day of  December 2011.

PRESENT

SRI.K.T.SIDHIQ                        : PRESIDENT

SMT.P.RAMADEVI                    : MEMBER

SMT.BEENA.K.G.                     : MEMBER

Gokul Das, S/o Late Kunhambu,

R.C.Nagar Po, Mannippadi,                                          : Complainant         

Kasaragod

(Adv.K.Abdul Nasar,Kasaragod)

President ,Kasaragod Co-operative Building Society, : Opposite party

Chakkara Bazar, Kasaragod

(Adv.M.Narayana Bhat,Kasaragod)

                                                                    ORDER

SRI.K.T.SIDHIQ: PRESIDENT

In nutshell the case of the complainant is as follows: 

Complainant is  the son of deceased Kalyani, she availed a loan of ` 1,00,000/- from opposite party by depositing the title deed of her property.  Though the loan is closed the opposite party did not return it inspite of her repeated demands, she expired on 29/8/10. Till this date opposite party has not returned the title deeds causing  mental agony and hardships to the complainant.  Therefore the complaint.

2.  According to opposite party the loan was availed through them from Kerala State  Co-operative Housing Federation.  Hence the documents were sent to Housing Federation .  Though entire loan dues were repaid to the  opposite party,  one Umashankar misappropriated large amount including  the loan amount in respect of Kalyani and  it was not credited at Kerala State  Co-operative Housing Federation and no  steps  has taken to pay the amounts due to Kerala State  Co-operative Housing Federation and returned the documents  relating to the loan.  The complainant has not produced any documents to show that he is the only legal  heir of aforesaid  late Kalyani.   Therefore the documents cannot be handed over to the complainant without the consent of other legal heirs.  The complainant has  not suffered any mental agony  and there is no deficiency in service on their part.

3.  Both sides heard at length.  Exts.A1 to A5 marked on the side of complainant.  Opposite party marked  Ext.B1.

4.  Ext.A1 is the No due certificate dtd.12/10/2007 issued by  opposite party.  It shows that Smt.Kalyani the mother of complainant cleared the loan as on 30/11/2006 and she has no liability in the society.  Ext.A2 is the copy of the death certificate of Smt.Kalyani, and Ext.A3 is  the copy of  legal heir certificate issued by Tahsildar,Kasaragod.  Ext.A4 is a copy of letter dt.7/5/10 issued by the late Kalyani to opposite party and Ext.A5 is the acknowledgment card.

5.   Ext.A1 proves that the mother of the complainant during her life time itself has repaid the loan.  It is seen that the loan is closed as on 30/11/2006.  The opposite party ought to have been returned her title deeds immediately when  the loan dues are repaid.  The disciplinary proceedings initiated against Umashanker can not be considered as a reason for the non-return of the documents at least after 30/11/2006, when the opposite party was fully aware that the mother of the complainant has closed the loan.  Ext.A3 is the copy of the legal heir certificate  shows that apart from complainant Gokul Das, deceased Kalyani has two more sons namely Balakrishnan&Deepak  as her legal heirs .  But this cannot be considered as a hurdle for the non return of the title deeds.  The opposite party could have returned the title deeds during the life time of his mother and the non return of documents amounts to deficiency in service.

  In the result complaint is allowed and opposite party is directed to return the documents and title deed deposited by  Smt.Kalyani to her elder son   Sri.Gokuldas after submitting  a no objection cum  undertaking letter from other legal heirs of deceased Smt.Kalyani namely Balakrishnan and Deepak stating that they have no objection in returning  the title deeds & documents deposited by their mother to the complainant Gokul Das and they will indemnify if  any loss sustained to opposite party  on account of return of documents to complainant Gokuldas .

   The opposite party shall also liable to pay a compensation of `3000/-  and a cost of  `3000/-.  Time for compliance is limited to 30 days from the date of  submitting   the no objection cum undertaking letter as aforementioned together with the copy of this order.

Exts:

A1- dtd.12/10/2007 No due certificate issued by opposite party.

A2 - copy of the death certificate of Smt.Kalyani,

A3 -copy of  legal heir certificate issued by Tahsildar,Kasaragod.

A4- dt.7/5/10 -copy of letter issued by the late Kalyani to opposite party

A5 -acknowledgment card.

B1-copy of enquiry report

MEMBER                                        MEMBER                                 PRESIDENT

eva