BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL
Present: Sri.Y.Reddappa Reddy, M.A., L.L.M., President,
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Monday the 16th day of March, 2015
C.C.No.91/2013
Between:
B.Venkatesulu,
S/o Bellary Adeppa,
Aged 55 years,
D.No.1/1268/2, H.B.S. Colony,
Yemmiganur-518 360,
Kurnool District. …Complainant
-Vs-
1. The Secretary,
The Yemmiganur Co-Operative Town Bank Limited,
D.No.1/1138, Government Hospital Road,
Yemmiganur-518 360.
2. The Chairman,
The Yemmiganur Co-Operative Town Bank Limited,
D.No.1/1138, Government Hospital Road,
Yemmiganur-518 360. …OPPOSITE PARTIES
This complaint is coming on this day for orders in the presence of Sri.J.P.Basava Raju, Advocate for complainant and Sri.K.MD.Muzanull Haq and Sri.M.Shafiullah Ansari, Advocates for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Smt. S.Nazeerunnisa, Lady Member,)
C.C. No.91/2013
1. This complaint is filed under section 12 of Consumer Protection Act, 1986 praying:-
- To directing the opposite parties to return his house plot registered title deed and order to pay compensation of Rs.50,000/- to the complainant for having suffered with mental torture and mental agony. Due to the activities of opposite parties and to grant the cost of the suit.
And
- To grant such other reliefs which the Honourable District Consumer Forum may deem fit and proper in the circumstances of the case.
2. The facts of the complainant in brief is as under:- The complainant borrowed a sum of Rs.75,000/- on 20.01.2000 and Rs.25,000/- on 07.06.2000 as staff loan from the opposite parties Bank and mortgaged his house plot bearing No.C-100, situated in H.B.S. Colony, Yemmiganur. The complainant again applied staff loan a sum of Rs.70,000/- in the month of August, 2010 and drawn and adjusted previous loan amount. The balance loan amount of Rs.47,613/- paid on 13.07.2011 and Rs.10,317/- paid on 26.09.2011. The opposite parties issued receipts for the same. The complainant account Number is 475/188. The complainant paid entire loan amount and not having any dues to opposite parties and requested them to return his title deeds of his plot, which was pledged with the bank at the time of mortgaged but the opposite parties did not return it. Then the complainant sent a letter dated 17.10.2011 and requested to return the title deeds of his house. But the opposite parties did not respond. Finally the complainant got issued legal notice dated 07.12.2011. Though opposite parties received the notice, they did not either given any reply or return house plot title deed, when the complainant paid the loan amount together with interest, it is the duty of opposite parties to return his original title deed. Due to the negligent attitude of opposite parties, the complainant suffered mental agony. There is deficiency of service on the part of opposite parties. Hence this complaint.
3. Notice served on them, the opposite parties appointed Sri.K.MD.Muzanull Haq and Sri.M.Shafiullah Ansari as their counsel. But they did not filed any written version, sworn affidavit or written arguments even there is no representation on behalf of them
4. On behalf of the complainant filed Ex.A1 to Ex.A7 are marked and sworn affidavit of complainant is filed.
5. Complainant filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of opposite parties?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- It is the case of the complainant that he borrowed as a staff loan a sum of Rs.70,000/- on 20.01.2000 and Rs.25,000/- on 07.06.2000 and mortgage his house plot bearing No.C-100 situated in H.B.S. Colony, Yemmiganur. The complainant again borrowed as a staff loan a sum of Rs.70,000/- in the month of August, 2010 and adjusted the previous loan amount. The complainant paid the balance amount of Rs.47,613/- on 13.07.2011 and Rs.10,317/- on 26.09.2011 and the opposite parties also issued receipts for the said amounts which is marked as Ex.A1 and Ex.A2 in original. His account number is 475/188. It is stated in his sworn affidavit that the complainant paid the entire loan amount and requested the opposite parties to return his title deed of his plot which was pledged with the opposite parties Bank at the time of mortgage. The complainant also sent a Registered Letter dated 17.10.2011 and requested them to return his title deeds and mortgage deeds immediately. But they did not respond. The letter is marked as Ex.A6 and postal receipt is marked as Ex.A7. At last the complainant got issued legal notice dated 07.12.2011, which is marked as Ex.A3, postal receipts marked as Ex.A4 and the opposite parties were acknowledged the same under Ex.A5. The opposite parties neither gave reply nor return the title deeds.
The opposite parties did not produce any evidence on record to deny their liability. In the absence of any contrary evidence on record it shall presumed that the facts and evidence produced on record by the complainant are true and admitted facts. As seen from Ex.A1 to Ex.A7 it is clear that the complainant borrowed a loan on different dates and mortgage title deeds of his house plot bearing No.C-100 situated in H.B.S. Colony, Yemmiganur. The complainant repaid the loan amount and balance amount of Rs.47,613/- and Rs.10,317/- under Ex.A1 and Ex.A2. After discharging entire loan amount with interest, the opposite parties has to return the title deeds which are vital documents to obtain any loan what so ever from any bank. Though the complainant sent letter (Ex.A6) and legal notice (Ex.A3) the opposite parties did not choose to either to gave reply or return the title deeds of the house of complainant. The opposite parties cannot escape from its liability to return the title deeds to the complainant. Due to the negligent attitude of opposite parties the complainant suffered mental agony. We consider all the material available on record. Hence we found that there is deficiency of service on the part of opposite parties.
8. In the result, the complaint is partly allowed directing the opposite parties jointly and severally liable to return the registered title deeds of complainant house plot bearing No.C-100, H.B.S. Colony, Yemmiganur and further direct to pay compensation of Rs.10,000/- towards mental agony and Rs.1,000/- as costs of the complaint. Time for compliance is one month from the date of receipt of this order.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 16th day of March, 2015.
LADY MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant:- Nil For the opposite parties:- Nil
List of exhibits marked for the complainant:-
Ex.A1 Complainant paid bill receipt for Rs.47,613/- dated 13.07.2011.
Ex.A2 Complainant paid bill receipt for Rs.10,317/- dated 26.09.2011.
Ex.A3 Legal Notice dated 07.12.2011.
Ex.A4 Postal Receipts (Nos.2).
Ex.A5 Postal Acknowledgement (Nos.2).
Ex.A6 Office copy of Letter dated17.10.2011 along with postal acknowledgement.
Ex.A7 Postal Receipts.
List of exhibits marked for the opposite parties:- Nil
LADY MEMBER PRESIDENT
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
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