State Consumer Disputes Redressal Commission
Alleppey Housing Co-Operative Society ... vs T.M. Sunatha, D/O Nanu, on 4 November, 2013
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/13/619 (Arisen out of Order Dated 30/08/2013 in Case No. CC/12/378 of District Alappuzha) 1. ALEPPEY HOUSING CO.OPERATIVE SOCIETY SAHAKARANA NAGAR,THATHAMPALLY.P.O ALAPPUZHA KERALA ...........Appellant(s) Versus 1. T.M.SUNANDA THAZHCHAYIL,POOMTHOPPU WARD,AVALOOKUNNU.P.O ALAPPUZHA KERALA ...........Respondent(s) BEFORE: HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI PRESIDENT SRI. V. V. JOSE MEMBER PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD, THIRUVANANTHAPURAM
APPEAL NO.619/13
JUDGMENT DATED:04.11.2013
(Against the order in CC.378/12 on the file of CDRF, Alappuzha, dtd: 30.08.2013)
PRESENT :
JUSTICE SHRI. P.Q. BARKATHALI : PRESIDENT
SHRI.V.V. JOSE : MEMBER
Alleppey Housing Co-operative Society Ltd.,
No.A111, Sahakarana Nagar, Thathampally.P.O, : APPELLANT
Alappuzha. R/by its Administrator.
(By Adv:Sri.K.N.Venugopala Panicker)
Vs.
1. T.M. Sunatha, D/o Nanu,
Thazchayil, Poomthoppu Ward,
Avalookkunnu.P.O, Alappuzha.
: RESPONDENTS
2. Geemon S, S/o Sunatha,
Thazchayil, Poomthoppu Ward,
Avalookkunnu.P.O, Alappuzha.
JUDGMENT
JUSTICE SHRI.P.Q. BARKATBH ALI: PRESIDENT This is an appeal filed by the opposite party in CC.378/12 on the file of CDRF, Alappuzha under section 15 of Consumer Protection Act challenging the order of the Forum dated, August 30, 2013.
2. The case of the complainant as detailed in the complaint and as stated in his proof affidavit filed before the Forum in brief is this:-
Complainant availed a loan of Rs.1 lakh from the opposite party, Co-operative Society in 2008. Complainant repaid the loan and the opposite party issued a receipt dated December 30, 2011, copy of which is marked as Ext.A1. While availing the loan complainants have entrusted the original title deeds of their property and also produced the tax receipt. After repayment of loan the opposite parties executed a release deed No.1521 dated, January 28, 2012. But the opposite party failed to return the original title deeds and the tax receipt. Therefore complainant filed the complaint seeking a direction to the opposite party to return the original title deed and tax receipt to the complainant and also claimed compensation and costs.
3. The opposite party is M/s Alappuzha Housing Co-operative Society represented by its Administrator. They filed a written version submitting that the documents were kept by the Housing federation. They did not contest the case.
Therefore complainant filed the proof affidavit and marked Ext.A1 before the Forum. On an appreciation of evidence the Forum directed the opposite party to return the original title deed and tax receipt to the complainant and pay to the complainant a compensation of Rs.5000/- and Rs.1000/- as cost. Opposite party has come up in appeal challenging the said order of the Forum.
4. When this appeal came up for admission today the appellant was heard.
5. It is admitted and proved by Ext.A1 copy of the receipt that at the time of availing the loan the complainants have entrusted with the opposite party the original title deed and tax receipt and that he has closed the loan. Only contention of the opposite party was that the documents are with the Housing federation. It is the duty of the opposite party to collect those documents and return to the complainant, which they have failed to do. That being so there is clear deficiency of service on the part of the opposite party and we feel that lower Forum is perfectly justified in finding that there is deficiency in service on the part of the opposite party and directing them to return the title deed and tax receipt and to pay a compensation of Rs.5000/-and a cost of Rs.1000/-. Therefore we find no ground to admit the appeal and hence dismiss the same.
JUSTICE P.Q. BARKATHALI: PRESIDENT
V.V. JOSE : MEMBER
VL. [HON'ABLE MR. JUSTICE SRI P.Q.BARKATH ALI] PRESIDENT
[ SRI. V. V. JOSE] MEMBER