State Consumer Disputes Redressal Commission
The Secretary, vs The President on 22 February, 2010
Daily Order
First Appeal No. A/08/180
(Arisen out of order dated 19/07/2008 in Case No. OP 522/2004 of District Kollam)
1. THE SECRATARY
Kerala
....Appellant
Versus
1. GOPINATHAN & ANOTHER
Kerala
....Respondent
BEFORE :
HONORABLE JUSTICE SHRI.K.R.UDAYABHANU , PRESIDENT PRESENT:
None for the Appellant None for the Respondent *JUDGEMENT/ORDER KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD THIRUVANANTHAPURAM APPEAL 180/08 JUDGMENT DAED 22.2.2010 PRESENT JUSTICE SHRI.K.R.UDAYABHANU -- PRESIDENT SRI.M.K.ABDULLA SONA -- MEMBER
1. The Secretary, West Quilon Service Co-operative Bank Ltd., No.Q.73, Kavanadu P.O, Kollam.
2. The President, -- APPELLANTS West Quilon Service Co-operative Bank Ltd., No.Q.73, Kavanadu P.O, Kollam.
(By Adv.M.Nizamudeen) Vs.
1. Gopinathan, Meenathu Cherriyil, Lekshmi Bhavan, Kavanadu P.O, Kollam.
2. T.L.Lekha, -- RESPONDENTS W/o Gopinathan, Meenathu Cherriyil, Lekshmi Bhavan, Kavanadu P.O, Kollam.
(R1 & 2 by Adv.C.Rajeev & 0rs.) JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU,PRESIDENT The appellants are the opposite parties in OP.522/04 in the file of CDRF, Kolllam. The appellants are under orders to pay a sum of Rs.30,000/- towards damages and Rs.15,000/- as compensation and costs.
The case of the complaints husband/wife is that they had availed a loan of Rs.25,000/- after pledging their property. They closed the loan on 24.12.03. The release deed was not handed over to the complainants. The complainants approached the High Court of Kerala. The High Court directed the Asst. Registrar of Co-operative Societies, Kollam to pass an order to the matter. The Asst. Registrar directed the opposite parties to hand over the release deed to the complainant. The opposite parties went in appeal over the order of the Asst. Registrar. During the pendency of that appeal on 14.10.04 the document writer of the opposite parties handed over the release deed to the complainants. It is seen that the release deed have been registered as early as on 19.1.04. The complainant wanted to avail a loan from the Dist. Co-operative bank, Kollam by pledging the property with a view to clear certain liabilities. Due to the non-receipt of release deed they could not avail the above loan and incurred substantial loss.
It is the contention of the opposite parties/appellants that the opposite parties had directed the document writer one Jayakumar to prepare the release deed and the release deed was executed by the second opposite party/the President on 19.1.04. It is contended that the expenses for registration was met by the complainants and hence they were aware and could have collected the release deed from the document writer. As the opposite parties are executing several release deeds the execution of the release deed in favour of the complainant on 19.1.04 was forgotten by the second opposite party and the same could not be brought to the notice to the Asst. Registrar of Co-operative Societies, Kollam. Hence the appeal was filed over the order of Asst. Registrar.
The evidence adduced consisted of the testimony of PW1, DW1 and Exts. D1 to D6.
We find that the repayment of the loan amount on 24.12.03 is admitted. It is also stated that on 19.1.04 the release deed was executed. The contention of the appellants that they forgot about the execution of the release deed on 19.1.04 and that the same could not be brought to the notice of the Asst. Registrar, Co-operative Societies, Kollam amounts to irresponsibility and deficiency in service. Even after the complainants have gone to the High Court and also approached the Asst. Registrar of Co-operative Societies the appellants have taken up the mater by filing the appeal before the Registrar of the Co-operative societies. Oversight to such an extent cannot be expected from public functionaries especially dealing in financial matters.
In the circumstances, we find that no interference is called for in the order of the Forum. In the result, the appeal is dismissed.
The office will forward the LCR to the Forum.
JUSTICE K.R.UDAYABHANU -- PRESIDENT
M.K.ABDULLA SONA -- MEMBER
Pronounced
Dated the 22 February 2010
[HONORABLE JUSTICE SHRI.K.R.UDAYABHANU]
PRESIDENT