IN THE CIRCUIT BENCH OF THE TAMILNADU STATE CONSUMER DISPUTES

REDRESSAL COMMISSION, MADURAI.

Present: THIRU.N. RAJASEKAR, PRESIDING JUDICIAL MEMBER

F.A.No.15/2015

(Against the order made in C.C.No.100/2012 dated 12.03.2014 on the file of the

District Forum, Tiruchirappalli.)

MONDAY, THE 28^th DAY OF FEBRUARY 2022

The Branch Manager,

Indian Bank,

Ordinance Factory Branch,

Tiruchirappalli – 620 025. Appellant/Opposite Party

-Vs-

1. Tmt.Selvi,

W/o Late.Balakrishnan. 1^st Respondent/1^st Complainant

2. Arun,

S/o Late.Balakrishnan. 2^nd Respondent/2^nd Complainant

3. Anand,

S/o Late.Balakrishnan. 3^rd Respondent/3^rd Complainant

4. Minor.Aravind,

S/o Late.Balakrishnan. 4^th Respondent/4^th Complainant

5. Minor.Sakthibala,

S/o Late.Balakrishnan. 5^th Respondent/5^th Complainant

6. Minor.Soundharya,

D/o Late.Balakrishnan. 6^th Respondent/6^th Complainant

(Minor respondents 4, 5 & 6 are rep.by their

mother and natural guardian the 1^st respondent

herein all are residing at

Door No.1/10, Gudi Street,

Kumbakkudi,

Tiruchirappalli – 25.

Counsel for Appellant/Opposite Party : M/s.T.Govindasamy, Advocate.

Counsel for Respondents-1 to 6/Complainants-1 to 6 : Mr.Saravanan, Advocate.

This appeal coming before me for final hearing on 21.10.2021 and on perusing

the material records, this Commission made the following:-

ORDER

THIRU.N. RAJASEKAR, PRESIDINGJUDICIAL MEMBER.

1. This appeal has been filed by the appellant/opposite party under section 15 read

with section 17(1) (a) (ii) of the Consumer Protection Act, 1986 against the order of the

learned District Forum, Tiruchirappalli made in C.C.No.100/2012, dated 12.03.2014,

allowing the complaint.

2. For the sake of convenience and brevity, the parties are referred to here as

they stood arrayed in the learned District Consumer Disputes Redresssal Forum,

Tiruchirappalli

3. The opposite party suffering by an order, directing the opposite party to hand over

the Tractor having Engine No.3100F 72-G 122281 and Chassis No.FZE.S.7.12151913 to

the complainants within a month from the date of receipt of this order and directing the

opposite party to pay a sum of Rs.40,000/- to the complainants towards compensation

for mental agony and sufferings underwent by the complainants due to deficiency in

service committed by the opposite party and directing the opposite party to hand over

the registration certificate and insurance policy of the tractor to the complainants and to

pay a sum of Rs.2000/- cost to the complainants in the hands of the learned District

Consumer Disputes Redressal Forum, Tiruchirappali (hereinafter in short “District

Forum”) have preferred this appeal before this Commission.

4. The case of the complaint is as follows:- Thecomplainants are the legal heirs

of the deceased borrower by name Balakrishnan. The 1^st complainant submits that her

husband was died on 08.06.2010. After the death of the said Balakrishnan, themselves

and the other complainants referred to above alone had succeeded to his Estate. The

1^st complainant’s husband late Balakrishnan had availed of a loan from the opposite

party Branch in the year 2009 and with the same had bought a 'Sonalika Tractor DL.

74011 TN 45 AY-2211 Tractor for his agricultural operations. After purchase by the

Tractor by the said late Balakrishnan that opposite Party retained custody of the original

documents pertaining to the Tractor namely Registration Certificate, Insurance Policy

etc., The usual practice

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