By Smt. Bindu.R, President:
This complaint is filed by Soumya against Service Co-operative Bank Ltd as Opposite Party alleging deficiency of service and unfair trade practice on their part.
2. The Complainant states that the Complainant’s husband named Sadanandan. A.N took a loan from the Opposite Party’s baranch at Cheeral as NAST 7039 and KCCI 393 by mortgaging the properties. The husband of the Complainant died on 30.08.2022. According to the Complainant, on the basis of the complaint given to the Joint Registrar of Kerala Co-operative Development Welfare Board, the amounts were allowed from the Co-operative Risk fund and there by closed both loans. The Complainant further states that the only legal heirs of deceased Sadanandan are the Complainant and two children namely Meera Nandan aged 6 ½ years and Midhuna Nandan aged 4 years. According to the Complainant after closing the loans the Complainant approached the Opposite Party for getting back the title deeds and the same was not returned to the Complainant, even though she was ready to give an undertaking on behalf of the minor children.
3. According to the Complainant the Complainant and the two children were facing financial difficulties and she could not apply for various benefits under the government scheme in the absence of title deeds. More over the Complainant is not in a position to take other loans also and hence the said act of the Opposite Party amounts to deficiency of service on their part and hence the Complainant approached the Commission seeking for issuing orders to the Opposite Party to pay compensation and other reliefs.
4. Upon notice the Opposite Party entered into appearance but not filed any version from their side. Hence Opposite Party was set exparte.
5. Evidence in this case consists of the Chief Affidavit of PW1 and Ext.A1 series from the side of the Complainant.
6. Heard the counsel for the Complainant and considered the matter in detail.
7. In this case Ext.A1 series are the copies of the orders of Registrar/Secretary, Kerala Co-operative Development Welfare Board dated 09.05.2023 which shows tht an amount of Rs.1,50,000/- is allowed towards the loan NAST 7039 and Rs.49,000/- is allowed towards the loan KCCI 393 in the name of the deceased Sadanandan. It is specifically ordered that the financial assistance to be accounted towards the concerned loans and if the total amount is above the granted amount, the interest shall be levied only for the balance amount after crediting the allotted amount. According to the Complainant the Opposite Party had not returned the title deeds so far and thereby caused deficiency of service from their part.
8. The following are the main points to be analysed in this complaint to derive into an inference of the fact.
- Whether the Complainant had sustained to any deficiency of service or unfair trade practice from the side of the Opposite Party?
- If proved the quantum of compensation and other reliefs for which the Complainant is entitled to get.
9. The over all consideration of evidence shows that by Ext.A1 series the loan
amounts are sanctioned with specific direction to credit the amount towards the loan on the same day itself. In these circumstances the Opposite Party is bound to close the accounts and to return the documents then and there or to intimate the Complainant regarding the balance if any to be credited to the account if there is any balance available which is not seen done by the Opposite Party. Even before the Commission the Opposite Party had not turned up to state and prove their version on the allegations in the complaint with reference to the loan accounts of deceased Sadanandan. A.N. There is every reason to conclude that the Opposite Party had not filed their version since there is no valid ground for them to defend the case on merit and in similar circumstances the same view has been taken by the higher judicial bodies. The conscious absence of the Opposite Party after accepting the notice sent by the Commission emphasises the allegation of the Complainant that the Opposite Party is reluctant in taking action in time.
10. In these circumstances, the Commission finds that the Complainant had suffered deficiency of service from the part of the Opposite Party. Point No.1 is proved in favour of the Complainant. Hence the following orders are passed.
- The Opposite Party is directed to return the title deeds submitted with reference to the loan numbers NAST 7039 and KCCI 393 taken by deceased Sadanandan. A.N to the Complainant.
- The Opposite Party is liable to pay Rs.25,000/- (Rupees Twenty Five thousand only) as compensation to the Complainant.
- The Opposite Party is also liable to pay an amount of Rs.15,000/- (Rupees Fifteen thousand only) as costs of the proceedings.
Need less to say that if the order is not complied with within 30 days of
receipt of the copy of this order, the Opposite Party is liable to pay an amount of Rs.500/- per day for each day of delay in returning the title deeds. The Opposite Party is also liable to pay interest at the rate of 8% for the amount awarded as compensation from the date of order till realization if the same is not paid as directed above within the stipulated period.
Consumer Case is allowed with the above observation.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 21st day of May 2024.
Date of filing:28.11.2023.
PRESIDENT : Sd/-
MEMBER : Sd/-
APPENDIX.
Witness for the Complainant:
PW1. Soumya. Complainant.
Witness for the Opposite Party:
Nil.
Exhibits for the Complainant:
A1 series (2 Nos) Orders of Registrar/Secretary, Kerala Co-operative
Development Welfare Board.
Exhibits for the Opposite Party:
Nil.
PRESIDENT: Sd/-
MEMBER : Sd/-
