State Consumer Disputes Redressal Commission
The Secretary vs K.R.Prakash, on 1 February, 2013
Daily Order
Kerala State Consumer Disputes Redressal Commission Vazhuthacaud,Thiruvananthapuram First Appeal No. A/13/75 (Arisen out of Order Dated 31/10/2012 in Case No. cc/207/2012 of District Idukki) 1. Secratary,Ellackal Service co operative bank ELLACKAL PO ,ADIMALI IDUKKI KERALA ...........Appellant(s) Versus 1. kr prakash KAVUMPRAYIL HOUSE,CHITHIRAPURAM PO IDUKKI KERALA ...........Respondent(s) BEFORE: SRI.M.K.ABDULLA SONA PRESIDING MEMBER PRESENT: ORDER
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
VAZHUTHACAUD THIRUVANANTHAPURAM
APPEAL NO.75/2013
JUDGMENT DATED 1.2.2013
(Appeal filed against the order in CC No.207/12 on the file of CDRF, Idukki dated 31.10. 2012)
PRESENT
SHRI.M.K.ABDULLA SONA -- MEMBER
1. The Secretary
Ellackal Service Co-operative
Bank Ltd No.K284, Ellackal P.O,
Adimali, Idukki District -- APPELLANTS
2. The President,
Ellackal Service Co-operative
Bank Ltd No.K284, Ellackal P.O,
Adimali, Idukki District
(By Adv.Santhoshkumar)
Vs.
K.R.Prakash,
Kavumprayil House, -- RESPONDENT
Thithirapuram P.O, Idukki District.
JUDGMENT
SHRI.M.K.ABDULLA SONA,MEMBER This appeal prefers from the order passed by the CDRF, Idukki in CC.No.207/12 dated 30.10.12. The appellants are the opposite parties who prefers this appeal from the direction of the forum below that opposite parties are directed to issue the original title deed of the property of the complainant's daughter Shamjala K.Prakash, which is one of the land document No.1206/90 of Devikulam SRO, to the complainant and the opposite parties are also directed to register the release deed of the same property within 15 days of receipt of the original power of attorney registered in favour of the complainant by the daughter of the complainant. The opposite parties are also directed to pay Rs.1000/- as compensation and Rs.1000/- as costs to the complainant within 30 days of receipt of copy of this order, failing which the amount shall carry 12% interest per annum from the date of default.
2. The counsel for the appellant submitted that they are ready to release the original title deed as ordered by the forum below and also to register the release deed of the same property on the participation of the title deed holder Shamjala Prakash.
3. This Commission heard the appeal in detail and perused the order passed by the forum below in detail. It is seeing that the order passed by the forum below is only to release the original title deed. Then after register the title deed. It is submitted by the counsel for the appellant that in the absence of the title holder Shamjala Prakash it is not possible to register the release deed and to hand over the original title deed to the title holder.
4. In the circumstance, it is seeing that either the original title deed holder Shamjala Prakash or any authorized power of attorney holder can enter into this registration of the release deed and to take back the original title deed from the opposite party bank (appellant).
In the result, this appeal is allowed in part. It is directed the opposite parties to register the release deed of the same property and also to release the original title deed No.1206/90 either to the original title holder Shamjala Prakash for any genuine power of attorney holder which authorized on execute a power of attorney by the original title deed holder to register the release the deed and also to release the original title deed within 30 days after the receipt of copy of the judgment of this Commission. The respondent/complainant is also directed to comply the direction within 15 days and approach to the opposite parties bank for the necessary formalities as ordered by this Commission. The opposite parties are directed to pay compensation of Rs.500/- to the complainant and set aside the cost. This appeal is disposed accordingly. No notice issued to the respondent/complainant. The appeal is disposed of at the admission stage.
M.K.ABDULLA SONA -- MEMBER [ SRI.M.K.ABDULLA SONA] PRESIDING MEMBER