Telangana

Mahbubnagar

CC/08/44

T. Chandraiah S/o Chinnaiah O/c Retd. RTC Employee (E.32795) - Complainant(s)

Versus

The Depot Manager, A.P.S.R.T.C., Secunderabad. - Opp.Party(s)

Sri K. Krishna Rao and Sri K. Pratap Kumar

30 Oct 2008

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT MAHABUBNAGAR

Thursday the 30th day of October, 2008

 

                                                               Present:- Sri M.Rama Rao, B.A.,LL.B., President

     Sri P.Venkateshwara Rao, B.com., LL.B., Member

       Smt.B.Vijaya Kumari, M.Sc. B.Ed., C.C.P., Member

 

 

                                                                      C.C.NO. 44  Of   2008

 

Between:-  

T. Chandraiah S/o Chinnaiah, age: 62 years, Occ: Retd. R.T.C. Employee (E-32795), R/o H.No.1-4-12/A, Rajendranagar, Mahabubnagar.   

                                                                                             … Complainant

And 

1.  The Depot Manager, A.P.S.R.T.C. Rani Gunj Depot-I, Secundarabad.

 

2.  A.P.S.R.T.C.   Rep. by its Managing Director-cum-Vice Chairman,

1. Musheerabad, Hyderabad.

                                                                                      … Opposite Parties

 

 This C.C. coming on before us for final hearing on 24-10-2008, in the presence of Sri K. Pratap Kumar, Advocate, Mahabubnagar for the complainant and Sri K. Venkat Reddy, Advocate, Mahabubnagar for the opposite parties and having stoodover for consideration till this day, this Forum delivered the following:

O R D E R

(Smt.B.Vijaya Kumari, Member)

 

1.        This is a complaint filed on behalf of the complainant under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite parties to return all the original documents to the complainant which were deposited by him at the time of availing loan from OP.2 without insisting for payment of any amount and to pay Rs.20,000/- towards compensation and also costs of the complaint. 

 

2.      The complaint averments are as follows:-  The opposite party No.1 is the Depot Manager of APSRTC, Rani Gunj Depot-I, Secunderabad and the opposite party No.2 is the Managing Director-cum-Vice Chairman of APSRTC, Hyderabad.  The complainant is retired employee of the opposite parties.  The complainant has availed housing loan on 29.2.1980 from the corporation i.e., OP.2 by depositing original documents pertaining to his residential house at Mahabubnagar.   The personnel officer (W), APSRTC issued original acknowledgement letter on 29.2.1980.  Thereafter the complainant has paid back entire loan amount with accrued interest in instalments well before his retirement.   OPs have issued retirement notification in respect of retirement of the complainant on 8.10.2003.   The second page of said notification was certificate by A.O. (P&A), Head office that the complainant has no outstanding debts to the opposite parties.   But even after retirement of the complainant, OPs failed to return the original documents inspite of giving No Due Certificate.  The complainant made several demands for returning of said documents but the same was not returned by OPs without any reason.  The complainant got issued legal notice on 9.8.2007 to OP.1.   The OP.1 gave reply notice on 7.2.2008 with false averments that the complainant is in due of Rs.37,340/- towards the HBA loan amount and after payment of said amount with penal interest the original documents will be returned.   The complainant has cleared all his dues long back.   OPs have certified that the complainant is not in due of any amount and paid all his retirement benefits.  The complainant is not liable to pay the said amount.   The complainant has retired from service on 31.3.2004.   Even if there is any debt by the complainant it was time barred and OPs cannot claim the said amount.    Due to their own fault OPs are trying to extract unenforceable debt from the complainant.  OPs adopted unfair trade practice.   OPs are bound to return the original documents pertaining to the house of the complainant at Mahabubnagar.  Even after retirement non returning of said documents to the complainant amounts to deficiency of service on the part of OPs.  The complainant is entitled to get all the original documents deposited by him at the time of availing loan from OP.2.  The complainant suffered with mental pain and agony.  Therefore the complainant is entitled for compensation of Rs.20,000/-.  Hence the complaint. 

 

3.    The opposite parties filed counter with the following averments:-   The complainant got retired from service on 31.3.2004.  As per records the complainant did not pay back the HBA loan amount with accrued interest through monthly instalments basis.    The Accounts Supervisor of Rani Gunj Depot has verified the records and reported that an amount of Rs.37,340/- is still due from the complainant under HBA loan amount.   OPs have not mentioned about any dues on the back side of his retirement notification.  In the complaint, the complainant has stated that even if any debt is there, the same is time barred and OPs due to their own fault are trying to extract an unenforceable debt from the complainant.  The statement of the complainant implied an admission that he is still due of the said HBA loan amount and that the said loan is recoverable as the arrears of land revenue at any time by attachment of properties of the complainant.   However if he has paid the due amount of Rs.37,340/- towards the HBA loan amount he is at liberty to prove the case through the documentary evidence filed by him.  If he has not furnished any evidence the complaint is liable to be dismissed with costs.   

 

4.  The complainant filed his affidavit and got marked Exs.A-1 to A-10 on his behalf.

 

5. The opposite party No.1 filed his affidavit and got marked Exs.B-1 to B-4 on his behalf. 

 

6. The opposite parties filed their written arguments.

 

7.  The point which falls for consideration is whether the complainant is entitled to the reliefs as prayed for?

 

8.  We have gone through the contents of the complaint, chief affidavit of the complainant, counter affidavit of OPs and the documents filed herein on record. 

 

9.      The case of the complainant is that he is retired employee of the opposite parties.   He retired from service as T.I.-III of Rani Gunj-I Depot on 31.3.2004 on attaining age of superannuation.  During in service he has availed housing loan from OP.2 by depositing original documents pertaining to his residential house at Mahabubnagar.  At the time of sanction of the loan the original acknowledgement card was given by the personnel officer (W) on behalf of OPs on 29.2.1980.   Thereafter the complainant paid entire loan amount with accrued interest in instalments before his retirement.  As per the rules, OPs have failed to return the original documents pertaining to his residential house at Mahabubnagar inspite of giving No Due Certificate at the time of retirement of the complainant.   OPs have sent retirement notification through the Depot Manager, Rani Gunj-I Depot on 8.10.2003 and that on the back side of the second page of the notification signed with official stamp by A.O. (P&A), Head office stated that the complainant has no outstanding debts to OPs.  It was marked as Ex.A-1.   After retirement the complainant made several demands to OPs for the return of said documents but OPs failed to return the same.   The complainant got issued legal notice on 9.8.2007 to OP.1.   The opposite party No.1 gave reply to the said notice on 7.2.2008 with false averments and that they were informed that the complainant was in due of Rs.37,340/- towards HBA loan amount and that after payment of the loan amount with penal interest the original documents will be returned.   The complainant is not liable to pay the said amount and that he has cleared all his dues before his retirement.   The complainant filed Exs.A-1 to A-10 to support his case.   Even if any debt is there the same is time barred and OPs cannot claim the said amount.  OPs adopted unfair trade practice and that non returning of original documents pertaining to the house of the complainant even after his retirement amounts to deficiency of service on the part of OPs.    Due to this act of OPs the complainant is demanding compensation for causing mental agony.       

 

10.  The opposite parties have taken a plea that the complainant has not paid the due amount of Rs.37,340/- towards the HBA loan amount with accrued penal interest before the retirement and that the said amount is still in due as per records.  OPs have taken another plea that on the back side of second page of the retirement notification OPs have not mentioned that the complainant has no outstanding debts towards the HBA loan amount and that the Accounts Supervisor of Rani Gunj-I Depot has verified the records and given the report to the complainant and that he is still in due of an amount of Rs.37,340/- towards the HBA loan amount.  OPs have also taken a plea that if the complainant has paid the HBA loan amount he is at liberty to file the documentary evidence for the sum of Rs.37,340/-.   If the complainant does not furnish the evidence the complaint is liable to be dismissed.    

 

11. There is no dispute between the complainant and OPs with regard to the fact that the complainant has availed housing loan on 29.2.1980 from OP.2 and at the time of sanctioning of loan the complainant deposited the original documents with OPs as shown under Ex.A-2.    The controversy between the complainant and OPs is only with regard to the outstanding of the HBA loan amount.  According to the complainant he paid entire loan amount and obtained No Due Certificate vide Ex.A-1 and the pay slips issued by OPs vide Exs.A-9 and A-10 also prove that there is no outstanding balance of loan by December, 2003 itself.    OPs allegation is that as per their records still the complainant has to pay an amount of Rs.37,340/- towards the HBA loan amount.    Ex.A-1 clearly shows that the concerned officer of OPs issued No Due Certificate with regard to HBA loan.   As per Exs.A-9 and A-10 the complainant has no dues towards the HBA loan amount by December, 2003.    Admittedly the OPs did not file any records or statement of accounts to show that the information under Exs.A-1, A-9 and A-10 are not genuine and not according to their records.    OPs filed Exs.B-1 to B-4 which are no way helpful to their case.    Therefore we hold that the complainant paid the entire loan amount and obtained No Due Certificate as such he is entitled to get back his documents under Ex.A-2.   Non returning of original documents even after payment of entire amount towards the HBA loan amounts to deficiency of service on the part of OPs.    OPs are at liberty to receive the original documents from the Forum and return the same to the complainant.  The complainant is not entitled for any compensation as he has not filed any evidence in support of his claim.   However the complainant is entitled for Rs.500/- towards the costs of the complaint. 

 

12. In the result, the complaint is allowed.   The opposite parties are directed to return the original documents viz., 1) Original Sale Deed 2) Registered Memo of Deposit of Title Deeds 3) Original Approved Building Plan and also to pay an amount of Rs.500/- towards costs of the proceedings to the complainant.   OPs are directed to comply with this order within one month from the date of receipt of this order.   

 

   Typed to dictation, corrected and pronounced by us in the open Forum on this the 30th day of October, 2008.           

 

        

 MEMBER                                MEMBER                              PRESIDENT 

       Appendix of evidence

       Witness examined

 

For complainant: Nil                                                 For opposite parties:  Nil

Exhibits marked for Complainant:-

 

Ex.A-1:        Retirement Notification, dt.8.10.2003.

Ex.A-2:        Acknowledgement, dt.29.2.1980.

Ex.A-3:        Legal Notice, dt.9.8.2007.

Ex.A-4:        Reply Notice, dt.7.2.2008.

Ex.A-5:        HBA loan recovery particulars given by OP.1, dt.24.9.2008.

Ex.A-6:        Original MTD 427 issued by A.O. Rani Gunj, dt.24.9.2008.

Ex.A-7:        Pay Slip for April, 2003.

Ex.A-8:        Pay Slip for July, 2003.

Ex.A-9:        Pay Slip for October, 2003.

Ex.A-10:      Pay Slip for December, 2003.

 

Exhibits marked for OPs:- 

 

Ex.B-1:        Original Sale Deed, dt.18.7.1978.

Ex.B-2:        Permission for construction of house, dt.17.10.1978.

Ex.B-3:        Registered Memorandum of Deposit of Title Deeds.  

Ex.B-4:        Xerox copy of Memorandum.

 

By the Forum:

     - Nil-

                                                                                                                                                                                                                            PRESIDENT

Copy to:-     

1. Sri K. Pratap Kumar, Advocate, Mahabubnagar for the complainant.
2. Sri K. Venkat Reddy, Advocate, Mahabubnagar for the opposite parties.