KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 176/2011

 JUDGMENT DATED: 01-04-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

1.         Assistant Secretary (Loans),

Office of the Executive Engineer,

Ernakulam Division,

Kerala State Housing Board,

Kochi-36.

2.         Communication and Ex-officio-

Secretary, Kerala State Housing-

Board, TVPM-695 001.

                                                                                    : APPELLANTS

3.         Regional Engineer,

Kerala State Housing Board,

Cochin Housing Unit,

Panapilly Nagar, Cochin-682 036.

(By Adv:Smt.Meena.C.R)

            Vs.

Ms.Thankamani,

Asarikkudi, Thevakkal.P.O,                                  : RESPONDENT

Ernakulam.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

The appellants are the opposite parties/Kerala State Housing Board in CC.350/08 in the file of CDRF, Ernakulam.  The appellants are under orders to pay a sum of Rs.50,000/- as compensation and Rs.1000/- as cost.

2.      Notice was served on the respondent/complainant.   There is no representation for the respondent.

3.      The matter is with respect to the failure to return the title deed of the complainant of the property which was mortgaged with the opposite parties/appellants.  It is admitted that the document could not be traced.

4.      We find that the amount of compensation ordered to be paid appears excessive.  In the circumstances the above order is modified as follows:-

5.      Opposite parties/appellants shall pay a sum of Rs.25,000/- to the complainant with interest at 9% per annum from the date of complaint ie 23/9/2008.   The order with respect to cost is sustained.  The amounts are to be paid within 3 months from the date of receipt of this order failing which the complainant will be entitled for interest at 12% from 1/4/2011 the date of this order.

The office will forward a copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

VL.