DISTRICT CONSUMER DISPUTES REDRESSAL FORUM<br /> Civil Station, Palakkad – 678 001, Kerala<br /> <br /> Dated this the 30th day of July, 2007<br /> <br /> Present: Prof.O.Unnikrishnan, Member<br /> Mrs.K.P.Suma, Member<br /> <br /> C.C.No.132/2006<br /> <br /> Lakshmi Devi,<br /> Sreelakshmi Nivas,<br /> Nariyamparambu,<br /> Kattusseri.P.O, Alathur Taluk,<br /> Palakkad - Complainant <br /> <br /> Vs<br /> <br /> The Manager,<br /> Bharat House Loans,<br /> Near Anu Marbles,<br /> Yakkara Bridge Stop,<br /> Palakkad. - Opposite party <br /> <br /> <br /> O R D E R<br /> <br /> <br /> By Smt.K.P.Suma, Member<br /> <br /> Brief case of the complainant is as follows.<br /> <br /> On seeing the advertisement of the opposite party the complainant approached the opposite party's office at Sekharipuram, Palakkad for a loan for her daughter's marriage by pledging the documents of her house. On 2.10.05 the complainant entrusted the documents of her house to the Manager of opposite party concern. Opposite party charged the complainant Rs.250/- towards registration fees and Rs.6,500/- towards guidance fees. Complainant submits that she has paid Rs.2,300/- towards advance vide receipt No.375 dt.28.10.2005 and balance to be remitted after sanctioning of loan. <br /> <br /> Complainant submits that one Mr.Sreedharan came to the complainant's home and collected the other documents required for sanctioning the loan and he obtained a blank paper signed by the complainant also. Complainant alleges that after three months when she contacted the opposite party several times in person and over phone the opposite party informed the complainant that the loan has not sanctioned. Complainant further alleges that on 04.08.2006 on seeing the advertisement of the opposite party that their office was shifted from Sekharipuram to Near Anu Marbles, Yakkara Bridge Stop, Palakkad the complainant went to the new office of the opposite party but the office was closed. Complainant submits that she contacted the opposite party's office in phone No.9387283172 and wanted her documents back since there was no information from the opposite party in sanctioning the loan. But they informed that their Manager was out of station. On 15.09.2006 the complainant caused a registered notice to the opposite party demanding back the documents. But the opposite party did not respond to the letter. Complainant alleges that the proposed marriage was canceled and the another proposal is fixed due to the irresponsible acts of the opposite party and she has suffered mental agony and financial loss also. Complainant alleges that the acts of opposite party amounts to deficiency in service. <br /> <br /> Hence the complainant is approached the forum seeking a prayer directing the opposite party to give back the documents, to pay Rs.15,000/- towards litigation expenses, to pay Rs.40,000/- towards the loss incurred by canceling the marriage and for the mental agony suffered by the complainant.<br /> <br /> After admitting the complaint notice was served to the opposite party. But the opposite party was absent and hence he was called and set ex-parte.<br /> <br /> <br /> Complainant filed affidavit and Exbts.A1 to A6 were marked on the side of complainant.<br /> <br /> We have perused the affidavit as well as documents produced by the complainant. It is evident from the Exbt.A1 and A2 that opposite party arrange loans to the public from different agencies. Accordingly the complainant has paid Rs.2,300/- and Rs.250/- as per Exbts.A3 and A4 for availing loan by pledging their title deed of the complainant's house and property. We admit the contention of the complainant that opposite party had failed to arrange the loan facility for the complainant from Exbt.A6 series. Opposite party had also not returned the documents handed over by the complainant. From the above context it is very clear that opposite party had adopted unfair trade practice. The above act of opposite party amounts to clear deficiency of service on their part. In the result, the complaint is allowed.<br /> <br /> Hence we direct the opposite party to return the title deed entrusted by the complainant towards the arrangement of the loan, and to refund a sum of Rs.2,550/- collected from the complainant and to pay Rs.2,500/- as compensation for the mental agony suffered along with Rs.500/- as costs towards litigation expenses. The aforesaid amount shall be paid within one month from the date of communication of order failing which the complainant is entitled to get 9% interest for the whole amount from the date of order till realisation.<br /> <br /> Pronounced in the open court on this the 30th day of July, 2007 <br /> Member (Sd)<br /> <br /> Member (Sd)<br /> : 4 :<br /> Appendix0<br /> Exhibits marked on the side of complainant <br /> Ext.A1 – Copy of paper publication of opposite party concern<br /> Ext.A2 – Copy of paper publication of opposite party concern published in the Malayala Manorama daily dtd.04.08.2006<br /> Ext.A3 – Cash receipt dtd.28.10.2005 issued by opposite party <br /> Ext.A4 – Cash receipt dtd.21.10.2005 issued by opposite party <br /> Ext.A5 – Special conditions for Property Security Loan issued by opposite party <br /> Ext.A6 (Series) 3 in Nos. - Letter dtd.15.09.2006 sent by complainant to opposite party demanding the title and related documents already submitted to opposite party <br /> <br /> Exhibits marked on the side of opposite party <br /> <br /> Nil<br /> <br /> Costs (allowed)<br /> <br /> Rs.500/- (Rupees Five hundred only) allowed as costs to the complainant <br /> <br /> <br /> <br /> Forwarded/By Order,<br /> <br /> Sd/-<br /> Senior Superintendent