KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
VAZHUTHACAUD, THIRUVANANTHAPURAM
REVISION PETITION No. 53/2018
ORDER DATED: 13.01.2023
(Against the Order in C.C. 164/2018 of CDRF, Ernakulam)
PRESENT:
HON’BLE JUSTICE SRI. K. SURENDRA MOHAN : PRESIDENT
SMT. BEENA KUMARY. A : MEMBER
REVISION PETITIONERS:
- Karthikeyan, 14/1608, Mannezhathuparambu, Karuvelipadi, Kochi-682 005.
- Soubhagyavathi, 14/1608, Mannezhathuparambu, Karuvelipadi, Kochi-682 005.
(By Adv. Sujith Kumar T.U)
Addl. Revision Petitioners:
- Praveen Kumar A.K., 14/1608, Mannezhathuparambu, Karuvelipadi, Kochi-682 005.
- Ajithakumari A.K., Sreeragam, Kalluveedu, Hashim Line, Pachalam, Kochi-12.
- Pushpaja Shajeevan, D/o Karthikeyan, Keeramparambu, Toll Gate Road, Pachalam, Kochi-23.
(By Adv. Siyad K.A.)
Vs.
RESPONDENTS:
- The Catholic Syrian Bank Ltd., Kochi-1 Branch, represented by its Branch Manager, Palammoottil Building, Kunnumpuram, Fort Kochi-682 001.
- Zonal Manager, The Catholic Syrian Bank Ltd., Zonal Office, Market Road, Ernakulam-682 011.
(By Adv. Rajesh Kumar K.)
ORDER
SMT. BEENAKUMARY A. : MEMBER
The revision petitioners are the complainants and respondents are the opposite parties in C.C. No. 164/2018 on the file of the Consumer Disputes Redressal Forum, Ernakulam. The 1st revision petitioner died and his legal heirs are impleaded as additional revision petitioners 3, 4 & 5 as per the order in I.A. No. 1144/2022.
2. The case of the complainant is as follows: The complainant stood as a guarantor in a loan transaction approved in favour of one Mr. Sasidharan, who availed the same as early on 16.12.1996. The principal debtor Sri. Sasidharan committed default in repayment and opposite party had filed O.S. 194/1997 before the Additional Sub Court, Kochi. As the principal debtor did not contest the same a decree was passed ex-parte on 20.12.2001 in favour of the opposite party allowing them to realize a sum of Rs. 1,67,713/-. However, the complainant had contested the matter without any success. The complainant remitted the entire amount and the account was closed on 19.01.2015. While granting the loan the title deed of the complainant was given as an equitable mortgage to the opposite party. Even after closing the loan account the opposite party failed to return the title deeds submitted before the opposite party by way of equitable mortgage, on the ground that the title deed was irrecoverably lost. According to the complainant the non-returning of the title deed to the complainant who was a guarantor to the loan transaction amounted to deficiency in service and negligence on the part of the opposite party. The complainant is prevented from availing loan from any other banks by pledging his property, as the original title deed was not given back by the opposite parties. Hence the complaint was filed by the complainant along with I.A. 239/2018 to condone the delay of 357 days caused in filing the complaint.
3. As per the affidavit filed in support of the delay condonation petition the complainant had stated that he was an octogenarian ailing from various diseases. On 26.08.2016 he suffered a heart attack and was admitted to the General Hospital, Ernakulam. After the discharge, the doctor advised him to take complete rest and therefore he could not file this complaint in time and therefore occurred a delay of 357 days, which is sought to be condoned.
4. The opposite party who appeared pursuant to the notice resisted the petition by filing a counter affidavit.
5. The District Forum dismissed the I.A. 239/2018 to condone the delay of 357 days caused in filing the complaint. Against the impugned order the petitioners have filed this revision petition.
6. The District Forum found that in support of the reason for the delay the complainant had produced a photocopy of medical records dated 18.10.2016 issued by the General Hospital, Ernakulam. The medical record is only a casualty registration card as the complainant was referred to Cardiology Department as an out-patient. The complainant was only on medication as seen from the medical report. The complainant has not produced any documents showing sufficient cause for the delay caused in filing the complaint. For that reason the District Forum dismissed the delay condonation petition along with the complaint.
7. We have perused the entire documents in the Lower Court Records. We find that the complainant had produced 4 documents before the District Forum in connection with his treatment. Copy of discharge summary bearing No. 10.320 was the document No. 1 in the delay condonation petition. In the discharge summary, it is clearly stated that the 1st petitioner was under treatment as an inpatient from 26.08.2016 to 31.08.2016 and was diagnosed for Coronary Artery Disease. To prove his continued treatment, Casualty Registration card dated 18.10.2016 was produced as document No. 2. He has produced O.P tickets dated 26.02.2018 and 08.03.2018 issued by Taluk Hospital, Kochi as document No. 3 and 4 to prove his continuing treatment. Moreover the petitioners have produced before this Commission the Medical Certificate issued by Dr. Paul Thomas, Cardiologist, General Hospital, Ernakulam. This Certificate shows that the complainant was advised for bed rest and restricted activities from then on.
8. The District Forum erroneously found that the complainant had produced only one document before the District Forum i.e; the registration card as the complainant was referred to Cardiology Department as an outpatient. But the other documents show that the complainant/revision petitioner has been under continuous treatment due to cardiac problem. From the documents and other pleadings and arguments of the revision petitioners, we find that there was sufficient reason for the delay to file the complaint before the District Forum. Therefore, we find that in the interests of justice, it is just and proper to condone the delay in filing the complaint before the District Forum. For the above reasons, the order in I.A. No. 239/2018 in C.C. No. 164/2018 is set aside.
In the result, the revision petition is allowed. We direct the District Commission to dispose of C.C. No. 164/2018 on merits expeditiously.
Send back the records to the District Forum forthwith.
Sd/-
JUSTICE K. SURENDRA MOHAN : PRESIDENT
Sd/-
BEENA KUMARY. A : MEMBER
jb
