DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678001, Kerala

Dated this the 4^th day of June, 2010

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

CC.No.151/2009

Appukuttan

S/o.Chellan

Sastha Colony

Manthakkadu,

Malampuzha,

Palakkad. - Complainant

(By Adv.P.Sreeprakash)

Vs

1. The Tahsildar

Palakkad Taluk,

Palakkad.

2. The Village Officer,

Malampuzha I Village,

Malampuzha,

Palakkad. - Opposite parties

(Party in person)

O R D E R

By Smt.Preetha.G.Nair, Member

Brief facts of the complaint is as follows:

The complainant has availed L.I.G.H scheme loan of Rs.14,500/- in the year 1987 from the opposite parties. He has deposited title deed pertaining to the land belonging to him at the time of availing loan. Thereafter complainant could not make regular repayments, as a result of which attachment was ordered under LIGH (E4-28810/83). To avoid attachment, on 24/07/2007 complainant paid a total amount of Rs.16,500/- including the interest, service charge towards closure of loan. Loan amount was only Rs.14,500/- and the complainant had paid more than Rs.57,500/-. Complainant has demanded for the return of the deposited title deed many times. But the opposite parties

has not cared to return it. Then the complainant sent a notice through the Kerala Consumer Protection Centre to the opposite parties dt.24/09/2009. The 1^st opposite party sent a reply dt.7/10/09 stating that they have demanded the documents from the Village Office at Malampuzha. The complainant submits that with this meager loan amount, he could not complete his house construction and was forced to approach other nationalized bank for housing loan. But as the opposite parties has not returned the title deed, he could not avail loan. Complainant alleges that the above acts of opposite parties amounts to clear deficiency in service on their part. He submits that he has suffered mental agony. Hence complainant praying an order directing the opposite parties to return the title deed and to pay Rs.25,000/- as compensation for mental agony and to pay the cost of the proceedings.

1^st opposite party was ex-parte. 2^nd opposite party filed version stating the following contentions. 2^nd opposite party stated that all documents and reports are filed in the Taluk Office as per register. 2^nd opposite party contented that the 1^st opposite party has returned the title deed to the complainant as per the reports and documents. So the 2^nd opposite party prayed that there is no deficiency in service on their part.

Complainant filed affidavit and documents. Exts.A1 to A7 marked on the side of complainant. No affidavit filed by 2^nd opposite party.

Issues to be considered are;

1. Whether there is any deficiency in service on the part of opposite parties?

2. If so, what is the relief and cost?

Issues 1 & 2:

We perused relevant documents on record. The complainant stated that he has

availed LIGH scheme loan in the year1987. Admittedly the loan was closed in the year 2007. 2^nd opposite party has issued a copy of receipt stating that they have received Rs.16,500/- on 24/07/07 from the complainant under LIGH (E4-28810/83). Further 2^nd opposite party in their version stated that the 1^st opposite party has returned the title deed to the complainant. But 1^st opposite party has not filed version and affidavit. 2^nd opposite party has not produced any documents to show that they have returned the title deed. 2^nd opposite party has no contention that the complainant has not availed any loan from the opposite parties or there is any dues in the name of complainant. From the evidence on record, it is clear that there is deficiency in service on the part of opposite parties. Hence the complaint allowed.

We direct the opposite parties jointly and severally to return the title deed and to pay Rs.5,000/- (Rupees Five thousand only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings to the complainant. Ordered amount shall be paid within one month from the date of receipt of the order failing which the whole amount shall carry interest @ 9% p.a from the date of order till realisation. If the opposite parties fail to return the title deed within the ordered period, an additional amount of Rs.10,000/- shall be paid to the complainant.

Pronounced in the open court on this the 4^th day of June, 2010

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Date of filing: 04/11/2009

Witnesses examined on the side of complainant

Nil

Witnesses examined on the side of opposite parties

Nil

Exhibits marked on the side of complainant

Ext.A1 – Photocopy of receipt No.6081123 dt.24/07/07 for Rs.16,500/-

Ext.A2 – True copy of letter No.132/08 dt.25/07/07 sent by Village Officer to

Tahsildar, Palakkad.

Ext.A3 – True copy of letter No.H1.20808/07 dt.22/10/08 sent by Additional

Tahsildar, Palakkad to Village Officer, Malampuzha I.

Ext.A4 – True copy of application dt.15/10/08 submitted by complainant under RTI

Act

Ext.A5 – True copy of letter No.B1.2008/32157/9/500 sent by Tahsildar to

complainant

Ext.A6 – Photocopy of letter No.251/09-10 dt.24/9/09 sent by Kerala Consumer Protection

Centre to opposite parties

Ext.A7 – True copy of letter No.H3.20808/07 dt.7/10/09 sent by Additional Tahsildar,

Palakkad to Kerala Consumer Protection Centre

Exhibits marked on the side of opposite parties

Nil

Cost (Allowed)

Rs.1,000/- (Rupees One thousand only) as cost