T.S.YOHANNAN Vs. STATE BANK OF TRAVANCORE
LAWS(KERCDRC)-2009-5-1
KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on May 23,2009

T.S. YOHANNAN Appellant
VERSUS
STATE BANK OF TRAVANCORE Respondents

JUDGEMENT

VALSALA SARANGADHARAN, J. - (1.)THIS appeal is preferred from the Order of CDRF, Ernakulam in OP No. 382/02. The complaint was filed by the appellant herein as the complainant against the respondents herein as opposite parties.
(2.)VERY briefly the facts of the case are that the complainant had availed a loan of Rs. 9,651 from the opposite party bank. For getting the loan he had given title deed of his property as security along with other documents. The complainant could not repay the loan in time. Thereafter he closed the loan by paying Rs. 13,302.24 towards final settlement under the scheme of the opposite party bank and thereafter he approached the opposite parties several times for getting back the title deed but it has not been handed over to him. Hence alleging deficiency in service he filed complaint before the Forum for getting the documents from the opposite parties along with Rs. 25,000 for deficiency in service and Rs. 15,000 for mental agony and hardship.
(3.)THE opposite parties filed version and admitted that the title deed was not returned to the complainant. They contended that the complainant was irregular in repayment of the loan so they filed a suit before the Munsiff Court, Ernakulam and the title deed was produced before that Court. Even after decreeing the suit the complainant did not repay the decree debt. Thereafter under a scheme of the bank he remitted Rs. 13,302.24 and closed the loan. The title deed missed from the Munisiff Court and so it could not be given to the complainant. They further stated that they are ready to furnish duplicate copy of the title deed from the Sub -Registrar Office and that there is no deficiency in service on their part and prayed for dismissal of the complaint.
The evidence adduced consisted of oral testimony of PW 1, PW 2 and Exs. A1 to A8 from the side of the complainant. The opposite parties have not adduced any evidence.



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