STATE BANK OF TRAVANCORE AND ORS Vs. GOPALAKRISHNAN E K
LAWS(KERCDRC)-2010-12-5
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on December 13,2010

State Bank Of Travancore And Ors Appellant
VERSUS
Gopalakrishnan E K Respondents

JUDGEMENT

- (1.) THE order dated 26.9.2009 of CDRF Kottayam in C.C. 97/08 is being challenged in this appeal by the opposite parties who are under directions to pay to the complainant a sum of Rs. 10,000/ - as compensation and 1,000/ - as costs.
(2.) THE complainant had approached the Forum stating that he was conducting G.K. Foot wares for earning a livelihood and that he had taken a loan from the opposite parties and the same had been closed with interest. It is his case that though he had closed the loan, the opposite parties did not return the documents pledged by him towards security for the loan. He has also stated that his position as a director and guarantor to the loan sanctioned to M/s. Kottayam Leather works and wears consortium private Ltd, cannot be a ground for refusing the release of the documents by the opposite parties. Alleging deficiency of service, the complaint was filed praying for directions to the opposite parties to return the document and also to pay Rs. 25,000/ - as compensation and cost of the proceedings.
(3.) THE opposite parties filed version wherein it was contended that the complaint was not maintainable and also that there was a civil suit at sub court, Kottayam vide suit No. OS 16/2008 for realization of money from the company in which the complainant was a director and guarantor. It was also submitted that though the complainant had remitted the loan amount with dues the opposite parties had the power to retain the documents of the complainant till the loan sanctioned to the company was realized. The opposite parties further contended that they had the banker s lien and right to retain the title deed and hence there was no deficiency of service on their part. The evidence consisted of the affidavit filed by both parties and Exts. A1 and A2.;


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