IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Thursday the 31st day of December, 2009
Filed on 19.08.2009
Present
- Sri. Jimmy Korah (President)
- Sri. K. Anirudhan (Member)
- Smt. Shajitha Beevi (Member)
in
C.C.No.274/2009
between
Complainant:- Opposite Party:-
Sri. Lakshmanan SNDP Branch No.796
Seethi Bhavanam Purakkad, Represented by its
Thottappally P.O. Secretary
Alappuzha District Alappuzha District
O R D E R
SRI. JIMMY KORAH (PRESIDENT)
The complainant’s case in precise is as follows: - The complainant on 16th October 2008 had availed a loan amount of Rs.1,00,000/- (Rupees one lakh only) from the opposite party. For the said purpose, the complainant entrusted his title deed and a blank cheque with the opposite party. Thereafter, the complainant remitted a total amount of Rs.1,60,000/- (Rupees One lakh sixty thousand only) with the opposite party by different occasions. Thus, the complainant has paid off the entire loan amount he availed from the opposite party. Notwithstanding this, the opposite party is disinclined to release the title deed and other documents to the complainant. The opposite party committed deficiency of service. The complainant sustained mental agony. Got aggrieved on this the complainant approached this Forum for compensation and relief.
2. On notice being served, the opposite party appeared and filed version. The opposite party contends that the complainant has never availed any loan from the opposite party. As such there arose no occasion for the complainant to entrust any document with the opposite party or to repay any amount to the opposite party. The complainant put in by the complainant before the Taluk Legal Service Committee was frivolous. For the said reason the opposite party though notice received was unwilling to turn up before that Forum. According to the opposite party, the instant complaint has been filed at the instigation of one Mr. Rajappan who is hostile with the office bearers of the opposite party. The complaint is without any basis, the same is to be dismissed with cost to the opposite party.
3. On the side of the complainant, the complainant filed proof affidavit, and the documents Exts. A1 to A3 were marked.
4. On the basis of the contentions of the parties, the issues that come up for consideration are:-
(1) Whether the complainant availed loan from the opposite party on depositing the title deed and other documents with them?
(2) Whether the loan amount availed by the complainant has been paid off?
(3) Whether thee is deficiency of service on the part of the opposite party?
(4) Whether the complainant is entitled to any relief?
5. We meticulously perused the entire materials brought before us on record by the parties. Interestingly, the opposite party contends that the complainant has never availed any loan amount from the opposite party. According to the opposite party, the instant complaint is filed at the instance of a third party who is in enimical terms with the office bearers of the opposite party. In the backdrop of this particular contention by the opposite. party, the immediate short question arises for consideration is whether the complainant availed any amount as loan from the opposite party on depositing his valuable documents. Bearing this question in mind, we made a searching survey of the materials put on record by the parties. We perused the Ext. A1 and A2 letters issued by the opposite party calling the complainant upon to payoff the loan amount outstanding to the complainant. On a plain perusal itself, it is indubitably unfolded that the complainant had availed a loan amount from the opposite party. In this context, we are obviously persuaded to presume that the complainant must have deposited the title deed along with other valuable documents with the opposite party. Now, the other issue that is to be looked into is whether the complainant has paid off the entire loan amount. Curiously, Ext. A3 discloses that there is some amount in due yet to be paid off by the complainant. In the Ext. A3 letter the complainant articulated his eagerness to repay the said amount due to the opposite party. In the context of the said facts and circumstance, we are of the view that there is a transaction between the opposite party and the complainant, and for the said purpose the complainant has entrusted his title deed of his property and other documents with the opposite party. Notwithstanding the complainant's willingness to pay off the balance amount, the opposite party was tentative to allow him to do so and declined to release the entrusted documents. We need hardly say, the complainant is entitled to some relief.
6. For the forgoing facts and findings herein above, the opposite party is directed to issue statement of account as to the material loan to the complainant within 15 days of receipt of this order and shall recover the actual amount in due on deducting the amount the complainant repaid by installments, without levying any sort of penal interest subsequent to the filing of this complaint. The complainant shall remit the same within three months of so giving the statement of account. We specifically direct the opposite party to release the title deed of the complainant’s property and other documents forthwith on paying off the entire amount by the complainant.
The complaint is allowed accordingly. No order as to compensation and cost.
Pronounced in open Forum on this the 31st day of December, 2009.
Sd/- Sri. Jimmy Korah:
Sd/- Sri. K. Anirudhan:
Sd/- Smt.N.Shajitha Beevi:
Appendix:-
Evidence of the complainant:-
Ext.A1 - Notice dated 9.9.2002
Ext.A2 - Notice dated 1.11.2003
Ext.A3 - Letter dated 21.6.2009
Evidence of the opposite party:- Nil
// True Copy //
By Order
To Senior Superintendent
Complainant/Opposite party/ S.F.
Typed by:-pr/-
Compared by:-
