D.O.F. 17.08.2011
D.O.O. 01.01.2014
IN THE CONSUMER DISPUTES REDRESSAL FORUM KANNUR
Present: Sri. K.Gopalan : President
Smt. Sona Jayaraman K. : Member
Sri. Babu Sebastian : Member
Dated this the 1st day of January, 2014
C.C.No.258/2011
Jose George,
S/o. George,
Kunnel House :Complainant
Nellikkutty P.O.
Eruvessi, Taliparamba
Kannur.
(Rep. by Adv. Joji John)
1.The Manager,
Mahindra & Mahindra Financial Services Ltd.,
2nd Floor, Emerald Shopping Centre, : Opposite Parties
Kakkad Road, South Bazar, Kannur-2.
(Rep. by Adv. P.K. Noushad)
2. The Manager,
Mahindra Rural Finance Ltd.
2nd Floor, Emerald Shopping Centre,
Kakkad Road, South Bazar, Kannur-2.
(Rep. by Adv. Sandeep V.)
O R D E R
Smt. Sona Jayaraman K. Member
This is a complaint filed under Section 12 of Consumer Protection
Act to direct the opposite party to pay `2,00,000 to the complainant and to return back the original documents.
The case of complainant in brief if as follows : The complainant was in possession and ownership of 20 units of property as per the registered settlement deed No.2542/10 of S.R.O. Sreekandapuram and he has started to construct a house in that property. Due to financial shortage the complainant contacted the opposite party for housing loan. The Manager of opposite party inspected property where the house is being constructed and offered a loan for `4,75,000 to complainant. Thereafter as per the direction of opposite party complainant produced all the documents before opposite party. After that opposite party informed the complainant that the loan amount has been sanctioned and the complainant have to pay `11,875 towards service charges. So complainant paid `11,875 on 12.10.2010 and the receipt was also issued to the complainant. When the complainant went to collect the loan amount opposite party has sent back the complainant saying lame excuses. As the opposite party was not ready to disburse the money the complainant sent a lawyer notice asking to compensate him and to return the original documents. Although notice was served to the opposite party he has not even sent a reply. Hence this complaint.
After receiving the complaint notice was issued to 1st opposite party. They appeared before this Forum and filed version raising the plea of non-joinder of necessary parties. So 2nd opposite party was later impleaded. 2nd opposite party has not appeared before this Forum and they were set exparte. Later they filed petition to set aside exparte order. Although the petition was allowed they have neither filed their version nor adduced any evidence.
As per the version of 1st opposite party they have no consumer relationship with the complainant. The 1st opposite party is not dealing with housing loan and complainant has paid service charge to 2nd opposite party and 2nd opposite party is liable for the alleged deficiency.
The evidence in this case consists of the evidence of PW1 and Ext.A1 to A9.
The complainant has filed chief affidavit in tune with his pleadings.
The complainant has produced documents, ie Ext.A1 to A3 to show that he was the owner in possession of 20 cents of property in Eruvessy Amsom Desom of Taliparamba Taluk as per the Registered settlement Deed No.2542/10 of S.R.O. Sreekandapuram. Ext.A4 document is the building permit and plan. Ext.A6 is the receipt issued by 2nd opposite party to the complainant. Ext.A6 document shows that 2nd opposite party has received `11,875 from the complainant. 1st opposite party has cross examined the complainant only with regard to their case. The evidence given by complainant regarding the loan sanction and the payment of service charge remains unrebuttable. The complainant has clearly proved his case though his oral and documentary evidence. No contra evidence has been adduced by opposite parties. Although no receipt is produced to show that the original document were produced before opposite party, it is a usual procedure to produce original documents for sanction of the loan. Although 2nd opposite party assured that loan amount will be disbursed they have not done so. They have not stated any reason for the non-disbursement of the loan amount. The acts of the 2nd opposite party is a clear deficiency in service from their part. So they are liable to return original document and the amount `11,875 which have been received from the complainant towards service charge. Moreover, the act of the opposite party caused severe loss and mental agony to the complainant as the construction work of his house remained incomplete due to financial stringency. So the 2nd opposite party is liable to give an amount of `5,000 towards compensation along with `1000 towards cost of the proceedings.
In the result the complaint is allowed directing the 2nd opposite party to return back `11,875 (Rupees Eleven thousand eight hundred and seventy five only) and the original documents of complainant which have been handed over to them for availing loan to complainant. The opposite party No.2 is also directed to pay an amount of `5,000 (Rupees Five Thousand only) towards compensation along with litigation cost of `1,000 (Rupees One Thousand only) within one month from the date of receipt of this order failing which the complainant is at liberty to execute the order as per the provisions of Consumer Protection Act.
Dated this the 1st day of January, 2014.
Sd/- Sd/- Sd/-
President Member Member
APPENDIX
Exhibits for the Complainant
A1. Registered settlement deed.
A2. Tax receipt.
A3. Possession Certificate.
A4. Building permit.
A5. Photograph of the incomplete building (3 in numbers).
A6. Receipt issued by 2nd opposite party.
A7. Lawyer notice dated 22.01.2011.
A8. Acknowledgment card.
A9. Public notice announced by 1st opposite party.
Exhibits for the opposite party
Nil
Witness examined for the complainant
PW1. Complainant
Witness examined for opposite party
Nil
Material Objects
MO1. CD
MO (a), (b), (c) . Supporting Photographs
/forwarded by order/
SENIOR SUPERINTENDENT
