Kerala

Kollam

CC/08/198

Sunil, Panackal Vadakkathil Veedu, Kureepuzha Cherry, Thrikkadavoor Village, Kollam - Complainant(s)

Versus

Zonal Manager, Kerala State Scheduled Cast - Scheduled Tribe Welfare Corporation and Other - Opp.Party(s)

P.R.Jayachandran

31 Jul 2009

ORDER


C.D.R.F. KOLLAM : CIVIL STATION - 691013
CONSUMER DISPUTES REDRESSAL FORUM ::: KOLLAM
consumer case(CC) No. CC/08/198

Sunil, Panackal Vadakkathil Veedu, Kureepuzha Cherry, Thrikkadavoor Village, Kollam
...........Appellant(s)

Vs.

Zonal Manager, Kerala State Scheduled Cast - Scheduled Tribe Welfare Corporation and Other
Regional Manager, Regional Office
...........Respondent(s)


BEFORE:


Complainant(s)/Appellant(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):


OppositeParty/Respondent(s):




ORDER

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SRI.R. VIJAYAKUMAR, MEMBER.

 

            The complaint is filed for getting back original documents pledged for housing loan allowing with compensation and cost.

 

          The averments in the complaint can be briefly summarized as follows:

The complainant’s father Neelakantan availed a loan for Rs.3000/- from the 1st opp.party  pledging the land owned by him under survey No.93/11.  While the repayment of instalments were going on Neelakantan and his wife expired and the legal heirs of the deceased are the complainant and his sister.   They have paid the full loan amount on 13.9.2001 as per one time settlement scheme.   The complainant approached opp.parties so many times for getting back the original documents pledged for  loan and presented death certificate of Neelakantan and Legal heirship certificate.   But the opp.parties delayed the repayment of original documents saying  one and another reasons.   The complainant and other legal heirs were unable to make any other documentation.  On 25.7.2007 complainant sent an Advocate notice and it was replied by the opp.parties.  But they were not acted  upon their or reply.

The act of opp.party is deficiency in service and the complainant sustained financial loss and mental agony.   Hence the complainant filed the complaint for getting relief.

Opp.parties entered appearance but they have not filed version or adduced evidence.   The complainant filed affidavit,  PW.1 examined, Ext. P1 to P5 marked.

 

          Exhibits P1 is the Adv. Notice sent to the opp.parties by the complainant’s Advocate.  P4 is the reply sent by the 2nd opp.party and P5 is reply sent by the 1st opp.party.  The opp.parties admitted in the reply notices that  the loan was closed.   The 2nd opp.party has stated in Ext.P4 that the documents is missed some where while shiffting of Regional Office from one building to another  and they are tracing for the original documents.  Opp.parties are ready to give back documents when it is found.  In the mean time they are ready  to  take and give certified copy of original documents  on their own cost they have no intention to make inconvenience to the  complainant

 

          The 1st opp.party has stated in their reply notice [Ext.P5] dated 9.8.07 that they have sent letter to the Sub Registrar, Kollam on 8.8.07 and the certified copy of original documents will be ready within one week and it will be sent to the complainant without any delay.

 

          It is clear that the opp.parties failed to act as per their own statements in the reply notices.

 

          On perusal of the documents we find that there is deficiency in service on the part of opp.parties.   The points found accordingly.

 

          In the result the complaint is allowed.   The opp.parties are directed to  serve the certified copy of  original document to the complainant  immediately on their own cost and trace out the original documents.   The opp.parties are further directed to pay compensation Rs.5,000/- and cost Rs.1500/-

The order is to be complied with within one month of the date of  receipt of the order.

Dated this the    31st    day of July, 2009.

K.

I N D E X

List of witnesses for the complainant

PW.1. Sunil. N

List of documents for the complainant

P1. – Copy of Adv. Notice

P2. – Postal receipt

P3. – Acknowledgement card

P4. – Reply Notice

P5. – Reply notice