By Sri. MOHANDASAN.K, PRESIDENT
1. Complaint in short is as follows:-
One Mr. Madhusoodanan subscribed a kuri conducted by the opposite party which was started on 25/11/1994 for “Sala” of Rs.5,19,750/-(Rupees Five lakh nineteen thousand seven hundred and fifty only). Monthly installment of the kuri was 15,750/-(Rupees Fifteen thousand seven hundred and fifty only).The above Mr. Madhusoodanan has bid the kuri on 25/02/1996 and he received money on 09/07/1996 after deducting permanent discount and auction discount. The complaint became the guarantor of the said amount when it was given to Mr. Madhusoodanan. Complainant and Mr. Madhusoodanan paid kuri amount in 21 installments and both of them executed an equitable mortgage deed on 08/07/1996. The complainant and Mr. Madhusoodanan also agreed that if any default occurred for the payment of monthly installments , they will be liable to pay the entire installments. The kuri was started from its Jammu and Kashmir branch and it was commenced on 25/11/1994.
2. The Mr. Madhusoodanan and complainant properly deposited 11 installments and they deposited Rs.1,73,250/-(Rupees One lakh seventy three thousand and two hundred and fifty only) to the opposite party company including the profit. The last deposit was on 25/05/1997 and when the complainant attempted to make remaining payment, it was seen branch office of the opposite party has been closed. Though the complainant and Mr. Madhusoodanan were ready to deposit the amount in time and as per rules of the opposite party company, they could not pay the amount. The contention of the complaint is that if the company had been working the complainant and Mr. Madhusoodanan would be entitled substantative reduction by the way of discount. The complainant and subscriber paid an amount of Rs. 1,02,128/-(Rupees One lakh two thousand one hundred and twenty eight only) and the remaining balance was only Rs. 41,522/-(Rupees Forty one thousand five hundred and twenty two only), the only liability to be paid to the opposite party. The contention of the complaint is that only due to the default on the part of opposite party the complainant and subscriber could not deposit the balance installment amount and so the opposite party alone responsible for all loss to the depositors.
3. The complainant made attempt for balance payment but the office of the opposite party did not receive the same without any reason but demanded huge amount also. Moreover Ponnani Branch of opposite party company closed during November - December 1997. The opposite party filed a Civil Suit before the Sub court Tirur as OS 222/2008 against the complainant and subscriber Mr. Madhusoodanan. The suit though it was time barred, it was decreed against the complainant. Then the complainant approached the Additional District Court, Tirur and filed appeal AS155/2013 against the opposite party on 29/09/2018. The Additional District Court, Tirur passed a judgment and decree, in favour of this complainant and against the opposite party. The Addition District court held that, the plaintiff is not entitled to get the amount stated in the plaint and the suit dismissed without cost. The complainant as per the judgment of the Additional District Court deposited an amount of Rs.41,522/- (Rupees Forty one thousand five hundred and twenty two only) before the Sub Court, Tirur after giving notice to opposite party counsel. Now the contention of complaint is that there is no liabilities towards the opposite party company.
4. The complainant and their relatives approached the opposite party many times to return the original documents but the opposite party has not return the original documents to the complainant. The complainant approached the opposite party and produced all the relevant documents including judgment and decree in AS 155/2013 dated 29/09/2018 and receipt for deposit of amount Rs. 41,522/- (Rupees Forty one thousand five hundred and twenty two only) dated 14/03/2019, but without any valid reason the opposite party did not return the original documents.
5. Due to the non releasing of the documents the complainant being aged suffered a lot. The complainant, an aged lady compelled to travel several times to the office of the opposite party at Chavakkad. The opposite party even refused to meet the complainant and the opposite party purposefully delaying the return of the original documents. The complainant being mentally and physically exhausted as a last resort caused to issue a lawyer notice on 31/12/2020 to the opposite party demanding return of original documents which is in the custody of opposite party. Though the opposite party received the notice on 08/01/2021, no reply was send to the complaint. The act of the opposite party amounts deficiency in service as contemplated in the Consumer Protection Act and thereby the complainant is entitled for compensation. The prayer of the complainant is that to direct the opposite party to execute release deed as a counter document to the document registered by the complainant in favour of opposite party and registered as document No. 2262/1996 before the Sub Registrar Office, Ponnani and directing the opposite party to return the original document bearing registration No.495/81 registered before Sub Registrar Office, Ponnani, which was deposited by the complainant before the opposite party along with compensation of Rs. 2,00,000/-(Rupees Two lakh only) and cost.
6. On admission of the complaint notice was issued to the opposite party. Even though notice was served on opposite party not entered appearance and so set exparte.
7. The complainant filed proof affidavit in lieu of evidence along with documents. Documents marked as Ext. A1 to A8. Ext. A1 is Pass book of account No.PN1806, Ext.A2 is the receipt for deposit of amounts dated 25/08/1995 to 05/06/1997. Ext. A3 is copy of judgment in AS 155/2013 dated 29/09/2018. Ext. A4 is copy of receipt for Rs. 41522/- dated 14/03/2019. Ext.A5 is Lawyer notice dated 31/12/2020, Ext.A6 is Postal receipt dated 31/12/2020, Ext.A7 is postal acknowledgment,Ext.A8 is Acknowledgement receiptissued by opposite party Counsel for Rs. 41522/- dated 20/03/2019.
8. The opposite party did not appear and contested the complaint. There is no contra evidence against the case of complainant. Hence the case of the complainant stands proved through the affidavit and documents.
9. In the light of fact and circumstances we allow the complaint as follows:-
- The opposite party is directed to execute release deed as a counter document to the document registered by the complainant in favour of the opposite party, registered as document No.2262/1996 before Sub Registrar Office, Ponnani.
- The opposite party directed to return the original document bearing No.495/81
registered before Sub Registrar Office, Ponnani, whichwas deposited by the complainant before the opposite party.
- The opposite party is directed to pay Rs. 1,00,000/-(Rupees One lakh only) as compensation for the mental agony and financial loss suffered by the complainant due deficiency in service on the part of opposite party.
- The opposite party is also directed to pay Rs.25,000/-(Rupees Twenty five
thousand only) as the cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of receipt of copy of this order, failing which the complainant is entitled for interest at the rate of 12% per annum on the above said amount of Rs.1,25,000/-(Rupees One lakh twenty five thousand only) from the date of receipt of the copy of this order till realisation.
Dated this day of 23rd December, 2021.
