By G. Yadunadhan, President:

 

            The case of the complainant is that complainant had joined in a chitty conducted by the first opposite party for a total chitty amount of Rs.1,00,000/- vide chitty No. 4/04, complainant had to pay an amount of Rs.2500/- for 40 months. He was regularly making payment without fail. In order to meet some urgent needs, he auctioned the chitty as per the stipulation for releasing the chitty amount, complainant has to furnish either the surety ship of 2 Government employees or to furnish sufficient property security. In absence of two Government employees opposite party demanded to furnish sufficient property security. So the complainant offered to furnish Title Deed of property of his wife, Radha. As per the direction of the opposite party, complainant furnished the Photostat copy of the partition deed Document No. 2632/1990 of SRO Kannur. After going through the same, first opposite party demanded the complainant to produce the certified copy of the said partition deed, possession certificate, Basic tax receipt, Encumbrance certificate and Sketch plan in respect of the property. He further submits that complainant’s wife Radha is the only daughter of Late Devaki. Late Devaki obtained Title and ownership over the property offered as security by virtue of partition deed document No,.2632/1990 of SRO Kannur having an extent of 23.5 cents. In the year 1995 said Devaki gifted the property having an extent of 6.5 cents in favour of her daughter Radha vide registered gift deed document No.2202/1995 of SRO Kannur. Complainant’s wife, Radha availed a loan from Kannur Co-Operative Housing Society, after creating simple mortgage in favour of the society. In the year 2001 said devaki assigned 2 cents of property in favour of the complainant keeping 14 cents in her possession. Devaki died on 18-11-2002 and after the death of Devaki her right over the remaining 15 cents of property was devolved upon her only daughter Radha. Since the original document of partition deed has been lost from the wife of the complainant irrecoverably she could not produce the same before the first opposite party. So complainant produced certified copy of the partition deed, after getting relevant documents opposite party failed to release the chitty amount, it is gross negligence and deficiency on the part of opposite parties. Hence complainant is entitled to get an amount of Rs.10000/- and also return back the documents along with compensation.

 

            Opposite party after serving notice entered in appearance filed their version. It is true that the petitioner is a subscriber in the chitty conducted by the opposite parties in the first opposite party branch vide chitty No.4/04 which was auctioned by the complainant on 11-10-04. It is also true that the complainant has paid 4 instalments @ Rs.2500/- per month. Complainant has chosen and offered property documents of Smt. Radha measuring 14 ¾ cents in Pallikkunnu Village, Kannur Taluk comprised in R.S.61/14 for the release of auction amount as security. Connected paper was submitted on 2-12-04. The valuation was done on 13-12-04. Accordingly the file was forwarded to Regional Office. Along with the title deeds the complainant furnished only the photocopy and certified copy of the partition deed document No.2632/1990 of SRO Kannur instead of the original. After scrutinizing the said document opposite party sent a letter to the complainant for submitting additional documents or original of the partition deed. After verifying all the documents from the Head Office of the opposite party and found that the said property cannot be accepted as a security without production of original document. Opposite party specifically denied that there was any negligence or deficiency in service and also any unfair trade practice on the part of opposite party. Even now opposite parties are ready to release the documents produced by the complainant. Under these circumstances complaint is liable to be dismissed with compensatory cost.

 

            The point for consideration is whether the complainant is entitled to get compensation? If so what is the relief and cost?

 

            Complainant was examined as PW1 and Ext.A1 to A3 were marked on complainant’s side. Opposite party has not adduced oral evidence or documentary evidence.

 

            From the evidence adduced by the PW1, complainant admitted the security offered by the subscriber belongs to his wife Radha and also it was not original. The title deed produced by the complainant is only the Photostat copy and also certified copy of the partition deed that is document No.2632/1990 of SRO Kannur. As per Law insists the equitable mortgage cannot be created by virtue of photocopy of the original document. On verification of Ext.A1 itself shows opposite party intimated to the complainant that the documents cannot be accepted as a security on 28-7-05. So the documents produced before the opposite party should have been taken back with immediate effect. But complainant had not complied so far. Again Ext.A2 document also the intimation sent by the opposite party stating the same reason. On perusal of documents and oral evidence there is nothing to show that opposite parties are deficient in service or have done unfair trade practice. In other hand complainant has failed to prove their case fully. Under these circumstances complaint is partly allowed. Directing the opposite parties to pay half of the amount paid by the complainant to the chitty No.4/04 and also return back the documents produced by the complainant if any. No costs shall be ordered separately.

 

Pronounced in the open court this the 16^th day of July 2010.

Date of filing : 5-8-2008.

 

            SD/- PRESIDENT                   SD/- MEMBER                       SD/- MEMBER

 

APPENDIX

 

Documents exhibited for the complainant:

A1. Letter dt. 28-7-05.

A2. Letter dt. 21-6-05.

A3. Receipt dt. 2-12-04.

 

Documents exhibited for the opposite party.

            Nil

 

Witness examined for the complainant:

PW1. Mohanan (Complainant)

 

Witness examined for the opposite party.

            None.              

 

                                                                        Sd/- President

 

                                    // True copy //

 

(Forwarded/By order)

 

 

SENIOR SUPERINTENDENT.