DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PALAKKAD<br /> <br /> Dated this the 31st day of October 2008.<br /> <br /> Present : Smt. H. Seena, President<br /> : Smt. Preetha.G. Nair (Member)<br /> Smt. Bhanumathi.A.K. (Member)<br /> C.C.No.75/2007<br /> <br /> T.E. Kuryakose<br /> S/o. Ittappiri<br /> Thottathil House<br /> Velampuzha<br /> Elavampadam (P.O)<br /> Kizakkenchery<br /> Alathur Taluk, Palakkad. - Complainant<br /> (Advocte Jacob Mathew)<br /> V/s<br /> The Manager<br /> State Bank of India<br /> Agriculture Development Branch<br /> Palakkad - Opposite party <br /> (Advocate G. Ananthakrishnan)<br /> O R D E R<br /> Order by Smt. H. Seena, President.<br /> Brief facts of the complaint is as follows.<br /> The complainant has availed an agricultural loan of Rs.3,000/- in the year 1989 from the Opposite Party Bank. He has deposited documents and Pattayam pertaining to the land belonging to him at the time of availing loan. Thereafter Complainant could not repay the loan amount and the whole amount was realized through RR proceedings. A certificate dated 31/07/2006 was issued by the Bank stating the complainant has no dues to the Bank. Complainant has demanded for the return of the said documents many times. But the Opposite has not cared to return it. A registered Lawyer notice dated 03/10/2006 was issued to the Opposite Party for which there was no reply. Hence the complaint.<br /> <br /> <br /> - 2 -<br /> Opposite party filed version with the following contentions. The complaint is not maintainable as it is time barred. Loan has been closed in the year 1995 and hence the complaint is not filed within time. According to the opposite party, the complainant has not deposited any title deeds or certificate of purchase with the Opposite party at the time of availing loan. The loan granted was not a secured loan and hence the Opposite party is not in possession of any documents.<br /> The evidence adduced consists of the proof affidavit and Ext A1 to A5 on the side of the side of the complainant and proof affidavit on the side of the Opposite party.<br /> The issues for consideration are:<br /> 1. Whether the complaint is time barred?<br /> 2.Whether there is any deficiency of service on the part of the Opposite Party?<br /> 3.If so, what is the reliefs and cost?<br /> Issue No.1<br /> Admittedly the loan was closed in the year 1995. But it was only in the year 2006 a certificate was issued by the Opposite party to the complainant stating “no dues to the Bank as on today”. This is evident from the certificate issued by the Opposite Party dated 31.07.2006 which is marked as Ext A2. Complaint is filed on 15/12/2007. Hence it is not barred by limitation.<br /> Issues 2 &3<br /> Admittedly loan has been closed in the year 1995. Opposite party has issued a certificate stating no dues to the Bank on 31/07/2006, as evident from Ext. A2. After that the complainant has been demanding for the return of the documents from the Opposite Party directly and finally by a registered lawyer notice dated 03/10/2006 with - 3 -<br /> acknowledgement due. This is evident from Ext A4 series. Opposite party has not cared to reply for the same. The contention of the Opposite party is that the Complainant has not produced any of the said documents with the Opposite party as the loan was not a secured one. The contention of the Opposite party is not supported by any documentary evidence. Opposite party ought to have produced the case file or ledger pertaining to the loan transaction. From the evidence on record, it is clear that there is deficiency of service on the part of the Opposite party. Hence the complainant is entitled for compensation.<br /> In the result, the complaint is allowed. Opposite party is directed to pay an amount of Rs.6,000/- as compensation and Rs.1,000/- as cost to the complainant within one month from the date of communication of the order, failing which the whole amount shall carry an interest of 12% per annum from the date of order till realization.<br /> Pronounced in the open court on this the 31st day of October 2008.<br /> President (SD)<br /> Member (SD)<br /> Member (SD)<br /> Exhibits marked on the side Complainant<br /> 1.Ext. A1 – Photocopy of the certificate from the Village Officer <br /> 2.Ext. A2 – Letter from the Bank dated 31/07/2006<br /> 3.Ext. A3 – Letter from the Bank dated 19/10/2006<br /> 4.Ext. A4 – Copy of the lawyer notice with postal receipt and acknowledgement.<br /> <br /> <br /> <br /> <br /> - 4 -<br /> Exhibits marked on the side of Opposite Party<br /> Nil<br /> Cost<br /> Allowed<br /> Forwarded/By order<br /> <br /> Senior Superintendent<br />