Date of Filling : 22.11.2013.
Date of Disposal: 09.02.2015.
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TIRUVARUR.
THIRU.P.G.RAJAGOPAL, B.A.B.L., …PRESIDENT.
THIRU.R.RAMESH.B.COM.,M.A., …MEMBER-1
TMT.K.SIVASANKARI.B.SC.,M.C.A.,M.Phil., … MEMBER-2
CC.NO.17/2013
DECIDED ON THIS 09th DAY OF FEBRUARY 2015.
K.Manimegalai,
W/O Kalyanasundaram,
2/141 Thiru.V.K.Nagar,
66, Elavangarkudivattam,
Pavithramanickam,
Kudavasal Taluk,
Tiruvarur District,
..…Complainant
/Versus/
1.The Secretary,
Kudavasal Taluk Co-Operative
Housing Society Limited,
Kudavasal,
Tiruvarur Disctrict.
….Opposite Party
This complaint having come up for final hearing before us on 19.01.2015 and on having heard the arguments of Thiru.Senthilnathan M.Com.,B.L., the counsel for complainant, Thiru. Ayyappan B.A.,B.L., counsel for the Opposite Party and having stood over for consideration till this day the Forum passed the following.
ORDER
By President, Thiru.P.G.Rajagopal,B.A.,B.L.,
This complaint is filed by the complainant u/s 12 of the Consumer Protection Act 1986.
(1) The gist of the complaint filed by the complainant is that she obtained the loan of Rs.80,000/- (Rupees eighty thousand only) on 26.02.1996 from the opposite party for construction of house in her site at the extent of Ac. 0.08 in Survey No 145/45 at Pavitharamanikam Village after depositing her title deeds of the said property with the opposite party by way of security for the loan and she has discharged the loan on 06.10.2006 and the opposite party has failed to return the original title deeds to her and has committed deficiency of service and therefore order has to be passed to direct the opposite party to return the title deeds and also pay Rs.2,00,000/- (Rupees Two lakhs only) towards compensation for the mental agony hardship and inconvenience caused to her and Rs.10,000/- (Rupees ten thousand only) towards cost of the litigation.
(2)The gist of the written version filed by the opposite party is that the original title deeds deposited by the complainant had been sent to the custody of the Tamil Nadu Co-operative House Building Federation, Chennai and as the Opposite Party has to incur loss in view of the Government Order No 113 dated 20.05.2008 by which the society has to write of the principal loan with interest up to Rs.25,000/- (Rupees Twenty five thousand only) and 50 % of the interest to the borrowers belonging to Low Income group up to the loan amount Rs.1,00,000/- (Rupees One lakhs only) and hence the opposite party find it difficult to pay the amount due to the said Federation to get back the documents and hence the delay has occurred in returning the title deeds to the complainant. Therefore there is no deficiency in service on the part of the opposite party and the complainant is liable to the dismissed.
(3)The complainant has filed his proof affidavit reiterating all the averments
made in the complaint and has filed 6 documents which are marked us Exhibit A1 to A6. The opposite party has filed proof affidavit without any documents. Written arguments have been submitted by both the sides.
POINTS FOR CONSIDERATION:
- Whether there is deficiency of service on the part of the Opposite Party?
- Whether the complainant is entitled to any relief? If so what to relief?
(4) POINT:1
The complainant has filed the Exhibit A1, the Xerox Copy of the registered discharge receipt, Exhibit A2 the certificate of clearance of loan, the Exhibit A3 the notice sent by the Tamil Nadu Consumer Rights Voice movement, Trichy to the opposite party on behalf of the complainant, Exhibit A4 the Postal Acknowledgement Card of the opposite party, Exhibit A5 , the petition sent by the complainant’s Lawyer to the Public Information Officer of the opposite party under the Right to Information Act and the exhibit A6 is the information furnished by the opposite party to the complainants lawyer.
(5)The advancement of the loan of Rs.8,000/- ( Rupees Eight thousand only) to the complainant by the opposite party on 26.02.1996 and the discharge of the said loan by the complainant on 06.10.2006, the deposit of the title deeds of the immovable property of the complainant with the opposite party are all admitted by the opposite party. Further under exhibit A6 the reply given to the complainant’s lawyer’s letter under the Right to Information Act, the opposite party has undertaken to get title deeds from the custodian, the Tamil Nadu Co-operative House Building Federation, Chennai and return to him within 3 months from the date of the said reply i.e 31.01.2012. The reason given by the opposite party that it has incurred loss because of the Government Order providing relief to the Agriculturists borrowers and hence unable to remit the amount payable to the Federation at Chennai to get back the documents is not at all acceptable as the justification for the delay in returning the documents to the complainant. More than three years lapsed ever since the Exhibit A6 dated 31.01.2012 and the opposite party has not returned the title deeds to the complainant. Undoubtedly it is sheer deficiency in service on the part of the opposite party.
(6) POINT:2
In the result the complaint is partly allowed. The opposite party is directed to return the original title deeds of the complainant deposited by him with the opposite party within the period of 30 days from the date of this order and to pay Rs.15,000/-(Rupees Fifteen thousand only) towards compensation for the mental agony, hardship2 and inconvenience caused to the complainant and Rs 3,000/-(Rupees three thousand only) towards cost of this complainant. If the opposite party has failed to return the title deeds within 30 days he shall be liable to pay an additional compensation of Rs.25,000/- (Rupees twenty five thousand only) with interest at the rate of 12 % per annum from the date of this order till date of its realization and the said compensation of Rs.15,000/-(Rupees fifteen thousand only) shall also carry an interest at the rate of 12 % per annum from the date of this order till realization.
This order is dictated by me to the Steno-Typist transcribed and typed by her and corrected and pronounced by me on this 09th day of February 2015.
MEMBER – I PRESIDENT MEMBER – II
LIST OF DOCUMENTS ON THE SIDE OF COMPLAINANT:
Ex. A1 Dated 06.10.2006. Receipt given by Opposite Party (Xerox)
Ex.A2 Dated 21.09.2006. Loan clearence Certificate given by Opposite
Party(Xerox)
Ex. A3 Dated 31.07.2009. Notice sent bythe Tami Nadu Rights Voice
Movement Trichy.
Ex. A4 Dated 05.08.2009. Acknowledgement for receipt of the above notice
by the Opposite Party (Xerox)
Ex. A5 Dated 02.01.2012. Lawyer’s Notice (Office Xerox)
Ex. A6 Dated 31.01.2012. ReplyNotice given by the Opposite Party(Xerox)
MEMBER – I PRESIDENT MEMBER – II
