KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAD, THIRUVANANTHAPURAM FIRST APPEAL 392/09 JUDGMENT DATED: 28.7.2010 PRESENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT 1. Kottayam Development Authority, :APPELLANTS Rep. by the Secretary, Kottayam Municipality, Kottayam. ( By Adv.S.Laila ) Vs. T.V.Chakrapani, : RESPONDENT Arupathichira House, Karapuzha, Kottayam. JUDGMENT JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT The appellant is the opposite party in CC.83/08 in the file of CDRF, Kottayam. The appellant is under orders to return the title deed of the property mortgaged and to drop all further proceedings with respect to the loan given to the complainant. 2. It is the case of the complainant that he took a housing loan from the Kottayam Development Authority by pledging his property on May 1987 vide loan No.L.61 of an amount of Rs.11,500/-. He remitted an amount of Rs.7000/- in twenty three instalments till 11.10.96 in the office of the opposite party through the Village Office. The balance could not be remitted because the opposite party closed down the office without informing the petitioner. He filed present complaint as he received a notice on 21.7.07 from the Secretary of Kottayam Municipality. It is also mentioned that he came to know a news item in malayala manorama daily on 25.5.07 that the Government decided to write off the above loans. 3. In the version and additional version filed by the opposite parties it is denied that the office of the Kottayam Development Authority was closed down. It is stated that it is after giving wide publicity that the Kottayam Development Authority was wound up by the Government and the assets and liabilities of Kottayam Development Authority have been transferred to Kottayam Municipality. Hence Kottayam Municipality is the successor of earstwhile Kottayam Development Authority. It is pointed out that as per the terms of the loan the amount of loan availed ie Rs.11500/- and the same has to be repaid in168 instalments at the rate of Rs.118/- from May 1987 and the above loan amount will be fully repaid on May, 2001. The complainant has paid the instalments only upto August 1987. The instalment dues from September 1987 was in arrears. Hence notice was issued on 19.9.88 and 20.12. 89. Revenue recovery proceedings was initiated and accordingly the amount due till October 1996 amounting to Rs.7,088/- was paid by the complainant. The complainant has defaulted 108 instalments. The Government has permitted the borrowers to clear off the liability in lumpsum by excluding the penal interest. The complainant has not made use of the above facility. The complainant approached the District Collector for writing off the loan and the same application was dismissed. As on 31.9.08 the amount of Rs.47668/- is due to the Municipality. 4. Although notice was served the respondent/ complainant he remained absent before this Commission. 5. The evidence adduced consisted of Exts. A1 series and A2 and B1 to B3. 6. We find that the Forum has disposed of the matter by cryptic order stating that opposite parties did not inform the complainant about the winding up of the Kottayam Development Authority and that it was the reason for the defaults committed by the complainant and that hence there is deficiency in service and hence the entire matter to be treated as closed and title deed returned. We find the order is totally erroneous. Ext.A1 series was 23 receipts are with respects to the payments made in the village office which would be with respect to the revenue recovery proceedings. The contention that the complainant was not aware of the winding up of the Kottayam Development Authority cannot be believed, the complainant being a local man. The above is hardly a sufficient reason to treat the entire outstanding loan amount as written off. The alleged deficiency in service stands not established. We find that the complainant is not entitled for any relief on the alleged ground of deficiency in service. 7. In the result the order of the Forum is set aside. The appeal is allowed. Office will forward the LCR to the Forum along with the copy of this order urgently. JUSTICE SRI.K.R.UDAYABHANU : PRESIDENT ps | 
