Andhra Pradesh

Nellore

CC/44/2014

Mohammed Abdul Tarique, S/o.M.A.Rafeeque - Complainant(s)

Versus

Shriam Chits Limited,Rep By its Manager - Opp.Party(s)

B.Balendrasingh

17 Aug 2015

ORDER

Date of filing      : 10-01-2014  

Date of Disposal : 17-08-2015

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

           :: NELLORE ::

                                Monday, this the 17th  day of AUGUST, 2015.

          PRESENT:  Sri M.Subbarayudu Naidu, B.Com., B.L., LL.M.,

                                President(FAC),

 

                                      Sri N.S.Kumara Swamy,B.Sc. LL.B., Member

                             

 

                                                                    C.C.No.44/2014

 

1. Mohammed Abdul Tarique,

S/o.M.A.Rafeeque, Muslim,

Aged about 31 years.

 

2. Mohammed Abdul Faique,

    S/o.M.A.Rafeeque, Muslim,

Aged about 28 years,

 

 Both are residing at 26-12-1036,

        LIC Colony, B.V.Nagar, Nellore.                                      …  Complainants

                      Vs.

Shriram Chits Limited,

Rep. by its Manager,

24/2330, Saraswathi Nagar,

Upstairs of Syndicate Bank,

Dargamitta, Nellore,

SPSR Nellore District.                                                      … Opposite parties

 

This matter coming on 03-08-2015 before us for final hearing in the presence of Sri B.Balendra Singh, Advocate  for the  complainants and the opposite party remained absent and having stood over for consideration till this day, this Forum passed the following:                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          

ORDER                                                                                                                                                                                                                          (BY SRI N.S.KUMARA SWAMY, MEMBER ON BEHALF OF THE BENCH)

1.    The brief averments of the complainants are that their mother namely M.A.Salehabegum acquired the property by virtue of settlement deed executed by her father-in-law vide document number 6941/1985 dated 02-12-1985 delivered the same to the opposite party along with E.C. and tax receipts issued by Panchayat Raj, Atmakuru in relation to chit bearing No.SRS-1/2015 dated 20-10-1986, as surety.  The opposite party issued receipt for the said document.  Unfortunately their mother died intestate on 23-11-2011 leaving behind the complainants and their father M.A.Rafaeque and their sister S.A.Neeha Aisha  as L.R.s and they become absolute owners of the property covered under the said document No.6941/1985.  The complainants’ father and their sister executed settlement deed in favour of the complainants’ respective shares.  As such, the complainants have become owners and beneficiers of deceased mother’s property.  It is further alleged that when they enquired about the said document even though entire chit amount due was discharged the opposite party has not return the original said documents.  The complainants’ father got issued legal notice to the opposite party on               01-03-2014 calling upon them to return the documents but they failed to return, even though they acknowledged the notices.  Subsequently, the complainant’s are also got issued legal notices dated 24-04-2014 reiterating the same demand of return of documents but failed to return the same, even though opposite party acknowledged.  The complainant further contended that the above said document is an critical document which is parent deed to all the subsequent documents’ which are more useful to get loans from banks for raising construction etc., they further alleged that when once chit was cleared long back retaining the document by opposite party is illegal and has no useful to them.  Hence, there is cross negligence and dereliction of duties on the part of the opposite party and the complainants are also consumers since they are successors of deceased mother hence the complaint is filed for deficiency of service seeking relief as prayed for in the complaint.

2.     On the other hand, opposite party called absent even though notices served on them on 19-06-2014 as per endorsement made by the postal authorities through their memo dated 19-05-2015.  Hence, treated as absent.  Since there is no representation and no defence on the side of the opposite party basing on the pleadings on the side of complainant the points for determination would be:

1. Whether there is deficiency of service on the part of opposite party if so whether the complainants are  entitled relief  as prayed for?

   

2. To what relief?

 

3.   To substantiate the evidence on the complainant’s side, the complainant has filed chief affidavit and marked Exs.A1 to A8. Since the opposite party called absent ever since from the date of receipt of summons they did not placed any defence on their side.   Hence, treated as no defence. 

4.   Perused entire material on record.  The mother of the complainants namely M.A.Salehabegum stood as surety in chit bearing No.S.R.S./1/15 and she delivered original settlement deed document No.6941/85 dated 02-12-1985 to the opposite party and the same was acknowledged by the opposite party as could be seen from the receipt dated 20-10-1996.  According to the complainants, the chit transaction was discharged.  Subsequently, the mother of the complainants died leaving behind the complainants, their sister and father as L.R.s and they succeeded to the estate of the said M.A.Salehabegum.  Subsequently, inspite of discharge of the amount under chit transaction and as the purpose for which the document delivered as surety was accomplished, the opposite party was bound to deliver the original settlement deed to the said Salehabeham which they failed to return.  The father of the complainants got issued legal notices dated 01.03.2014 to the opposite party calling upon him to return the said settlement deed.  Though the notice received the opposite party, it did not comply with the demand.  Subsequently, the father and the sister of the complainants executed the settlement deed in favour of their sons in respect of their shares in the property covered by the settlement deed and there by the complainants have become absolute owners of the property covered by the said settlement deed.  There upon also the complainants got issued legal notice dated 24.04.2014 calling upon the opposite party to return the documents but there was no compliance with the said demand.

5.   The mother of the complainants being a surety for the principle subscriber of the chit with the opposite party was a consumer.  She died intestate under her estate ultimately devolved upon the complainants.  The complainants step into shoes of their mother and thereby they become the consumers. The document in question is the mother document for all subsequent transactions whereby complainant become absolute owners of the property covered by the settlement deed.  The mother document is a crucial document which is required for dealing with the property in future transaction that may be carried in relation to the said property.  It is the consistent stand of the complainant that though the loan transaction stood discharged long back and though no purpose would be served by retaining the said document, the opposite party is withholding the said document and have not came forward with any reason for retaining their said document.  It is not their contention the amount due under the said chit transaction is still outstanding. But they are retaining the said documents without any reason.  Long silence on the part of opposite party in not responding to two legal notices dated 01-03-2014 and 24-04-2014 and not contesting this complaint would speak volumes about the correctness of the claim of the complainant.  The opposite party   is bound to return the original documents bearing Nos.6941/85, dated 02-12-1985 to the complainants.   Vexed with the attitudes of the opposite party the complainants have made a claim for payment of damages apart from return of the said document.  Thus, deficiency of service on the part of opposite party is proved.  However, this Forum in the interest of justice feels it desirable to give one more opportunity to the opposite party to return the document.  Accordingly, Point no.1 is answered. 

 6. POINT NO.2: In the result,  the complaint is allowed in part directing the opposite party to return the document bearing No.6941/1985 dated 2-12-85 stands in the name of  M.A.Salehabegum within one month from the date of this order and  in default, the Op is directed to return the above said document along with payment of damages of Rs.2,000/- (Rupees two thousand only) and costs of Rs.2,000/-(Rupees two thousand only).  Thus the complaint is disposed off, accordingly.

Typed to the dictation to the stenographer and corrected and pronounced by us in the open Forum this the 17th day of AUGUST, 2015.    

 

               Sd/-                                                                         Sd/-

         MEMBER                                                                 PRESIDENT(FAC)

 

  APPENDIX OF EVIDENCE

 

 WITNESSES EXAMINED FOR COMPLAINANTS:

 

PW1

07-07-2015

:

Mohammed Abdul Tarique, S/o.Rafeeque, Muslim, aged about 31 years, residing at 26-12-1036, LIC colony, B.V.Nagar, Nellore.

 

WITNESSES EXAMINED FOR OPPOSITE PARTY:

 

N I L -

              

EXHIBITS MARKED FOR COMPLAINANTS:

 

Ex.A1           -                  :   Photostat copy of the C.C. of the document bearing

                                          No.6941/1985.

 

Ex.A2          20-10-1996 :   Photostat copy of receipt issued by the opposite

                                          party as to the receipt.

 

Ex.A3          23-11-2011 :    Photostat copy of Death certificate of

                                          M.A.Salehabegum issued by Registrar of Births &

                                          Deaths, Nellore.

 

Ex.A4          29-04-2013 :     Photostat copy of registered settlement deed 

                                            executed by the father of the complainants in

                                            favour of the complainants along with finger prints

                                            and (three in nos.) and property tax receipt.

 

Ex.A5          28-03-2014 :     Photostat copy of registered settlement deed

                                           executed by the sister of the complainants in

                                           favour of the complainants along with copies of                   

                                           aadhar card.   

 

Ex.A6          -                  :   Office copy of the lawyer notice issued on behalf of

                                          the father of the complainants to the opposite party

                                          along with registered post receipt.

 

Ex.A7           -                  :   Office copy of the lawyer notice issued on behalf of

                                          the complainants to the opposite party along with

                                          served acknowledgement and regd. Post receipt (one

                                          in number).

 

Ex.A8          22-04-2013 :   Photostat copy of the family member certificate

                                          issued by the Tahsildar, Nellore in L.Dis.(A)

                                          2536/2013.

 

EXHIBITS MARKED FOR OPPOSITE PARTY:                         

                

- N I L -                                                               

Id/-                                                                                                        PRESIDENT(FAC)

Copies to:

1. Sri B.Balendra Singh, Advocate, Nellore.
2. Shriram Chits Limited, Rep. by its Manager,

           24/2330, Saraswathi Nagar, Upstairs of Syndicate Bank,

           Dargamitta, Nellore, SPSR Nellore District.                                         

 

Date when order copies are issued: