MANAGER, H.D.F.C. LTD Vs. S. DEVADAS

JUDGEMENT

(1.) Aggrieved by the order in C.C.No.57/2006 on the file of District Forum-II, Krishna at Vijayawada, opposite party No.5 preferred this appeal.

(2.) The brief facts as set out in the complaint are that the complainant, retired Deputy General Manager (Telephones) while in service at Vijayawada availed loan of Rs.80,640/- by depositing the title deeds and also created second charge and availed a loan of Rs.25,000/- from 5th opposite party. The complainant submitted that later he discharged the debts and requested the opposite parties to return the original documents but of no avail. Hence he got issued a registered notice on 28-8-2005 to opposite parties but only second opposite party replied with false and untenable allegations. Hence the complaint for a direction to the opposite parties to return the original documents together with compensation.

(3.) Third opposite party filed a counter which was adopted by opposite parties 1, 2 and 4 contending that the complainant is not a consumer within the meaning of Section 2 of Consumer Protection Act. They admitted that the complainant was sanctioned Rs.80,640/- as H.B.A. while he was working as A.E. (Phones) at Vijayawada during the month of August, 1986 after depositing the original documents with the department. They also admitted that while the complainant was working as S.D.O.P. Charminar under P.G.M.H.T.D. he made a request to create second charge with H.D.F.C. Hyderabad for getting a loan of Rs.25,000/- and on the request of the complainant, the original copy of the title deed along with rectification deed was sent to H.D.F.C. Hyderabad on 8-6-1987 for creating equitable mortgage. They also admitted that the complainant paid the loan amount but the B.S.N.L. Department has not received the original title deed of the complainant from H.D.F.C at any point of time and therefore there is no scope for returning the documents. In fact, B.S.N.L., wrote a letter dated 3-11-2004 requesting HDFC to send the documents and in pursuance of the said letter HDFC informed by letter dated 13-12-2004 that the original documents of the complainant were already returned to GM (Telephones, Suryalok complex under registered post dt.8-9-1997 and the D.G.M. (F.&A) office of P.G.M. H.T.D. by letter dt.2-2-2005 informed that original documents were not received by them and even wrote a letter dt.12-4-2005 to HDFC., Hyderabad informing that the original documents said to have been sent by them through registered post have not been received by BSNL for which HDFC addressed a letter dt.28-6-2005 stating that the said documents were sent to D.G.M.(Telecom) Bunder Road, Vijayawada on 11-9-1997 and enclosed a Xerox copy of computer generated sheet of Blue Dart Express courier but there was no acknowledgment/signature of BSNL on the said xerox copy of computer generated sheet furnished by HDFC and therefore prayed for dismissal of the complaint.