Date of Filing:25.03.2010<br /> Date of Order: 09.08.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 9TH DAY OF AUGUST 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 648 OF 2010 <br /> <br /> <br /> M/s. Arihant Distributors, <br /> No.6/9, Model House Street,<br /> Basavanagudi, Bangalore-4.<br /> Rep. by its Proprietor <br /> Mrs. Damayanthi Bai. Complainant<br /> <br /> V/S<br /> <br /> 1.The Managing Director,<br /> Fullerton India Credit Co., Ltd.,<br /> Building No.11, 2nd Floor,<br /> Solitaire Corporate Park,<br /> Andheri-Ghatkopar Link Road,<br /> Chakala, Andheri (E), Mumbai-400093.<br /> <br /> 2.The Branch Manager,<br /> Fullerton India Credit Co., Ltd.,<br /> No.37, 2nd Floor, Brahmananda Court,<br /> Lalbagh Road, Opp. Prerana Motors,<br /> Bangalore-27.<br /> <br /> 3.The Branch Manager,<br /> Fullerton India Credit Co., Ltd.,<br /> No.45, 1st Floor, Un Arcade,<br /> M.C.Layout, Vijayanagar,<br /> Near Indraprasta Hotel,<br /> Bangalore-560040. Opposite parties<br /> <br /> ORDER<br /> <br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986 for directing the opposite parties to handover original documents i.e., Sale Deed, Khatha Certificate, Tax Paid Receipts, Blank cheques which were taken at the time of sanction of loan of the from the complainant and also payment Rs.50,000/- as compensation for mental agony. The complainant had borrowed loan of Rs.16,50,000/- from the opposite party No.3. The complainant approached the opposite party No.3 for one time full and final settlement of the loan and the opposite party No.3 issued a letter of settlement dated 31-12-2009 for Rs.14,85,000/- as full and final settlement of the loan, by way of cash in two installments of Rs.8,85,000/- payable on 31-12-2009 and remaining amount Rs.6,00,000/- payable on 5-1-2010. According to the settlement letter the complainant paid Rs.8,85,000/- on 31-12-2009. When the complainant approached the opposite party No.3 to make final installment opposite party No.3 informed that approval from the head office not received. The opposite party No.3 received final installment of Rs.6,00,000/- on 9-1-2010. The complainant requested opposite party No.3 to return all the original documents. She was informed to come after 7 days to collect the original documents. The opposite party No.3 even after receiving the entire loan amount as per the letter of settlement has failed to return the original documents. This caused mental stress and agony and it constitute deficiency in service. Hence, the complaint. <br /> 2. The opposite parties have filed defense version, admitting that opposite parties have issued settlement letter dated 31-12-2009 to the complainant. The complainant paid 1st installment of Rs.8,85,000/- on 31-12-2009 as agreed. But, failed to pay 2nd installment of RS.6,00,000/- as on 5-1-2010. The opposite parties have admitted that the complainant paid 2nd installment amount of Rs.6,00,000/- on 9-1-2010. There is violation of terms of settlement. The opposite parties have also submitted that they are ready to handover original documents subject to payment of balance amount. <br /> 3. Heard, the arguments on both the sides. Perused the documents and pleadings. <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite parties?<br /> 2. Whether the complainant is entitled for relief?<br /> <br /> <br /> <br /> REASONS<br /> 5. It is an admitted case of the parties that the complainant and opposite parties entered into settlement and letter of settlement has been given to the complainant. As per the settlement the opposite parties accepted for the full and final settlement of the loan account for Rs.14,85,000/-. The complainant has given 2 installments and admittedly the complainant paid Rs.8,85,000/- on 31-12-2009, the 2nd installment ought to have been paid on 5-1-2010, but instead of that the complainant has paid Rs.6,00.000/- the 2nd and final installment on 9-1-2010 this has been clearly admitted by the opposite parties in version. Therefore, if there is any delay it is only 3 days delay. This delay is very very insignificant such delay can not be considered at all. The opposite parties should have immediately given No Due Certificate and handed over all the original documents to the complainant. The attitude of the opposite parties in this case is really shocking and not proper to maintain good relationship with the customers. The opposite parties have definitely committed deficiency of service in not handing over the documents and No Due Certificate to the complainant. This type of lame excuse on the part of the opposite parties will not bring any good name to the opposite parties. The opposite parties should be very prompt and exhibit service oriented approach in serving the customers. The opposite parties in this case have taken a negative and wrong approach in not handing over the documents to the complainant even after receipt of entire settlement amount promptly by the complainant as per the settlement letter. The defense version filed in this case has been signed by the advocate for the opposite parties. No responsible officer or authorized signatory has signed the defense version. Therefore, such kind of defense version can not be considered in the eye of law as a defense version. Even, the defense version has not been verified. Therefore, it can be taken that no defense at all. The complainant has proved that the opposite parties have committed deficiency in service, therefore the complaint is fit to be allowed. The prayer of the complainant for direction to opposite parties to handover all the original documents is quite just proper and fair. She is entitle to this relief immediately. The complainant has prayed compensation of rs.50,000/- for mental agony and harassment. But, she has not proved or given any details of harassment and mental agony caused to her. Therefore, granting of compensation is not considered. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite parties are directed to handover the entire original documents to the complainant. i.e., Sale Deed, Khata Certificate, Tax Paid Receipts, Blank cheques which were taken at the time of sanction of loan from the complainant within the 15 days from the date of this order till payment / realization. <br /> 7. The complainant is entitled for Rs.2,000/- as cost of the present proceedings from the ops. <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 9th DAY OF AUGUST 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> <br /> MEMBER MEMBER <br /> <br />