CHENNAI: For Dr Felix Ryan and his wife Jaya, pledging their RBI bond for a bank loan turned out to be more trouble than they expected. Even after repaying the loan amount with interest, the couple have not got the bond back from the bank. Concluding that this amounted to deficiency in service, the State Consumer Disputes Redressal Commission (SCDRC) has ordered that they be given compensation of Rs 35,000 and the bond document be returned to them. A bench of Justice M Thanikachalam, president, SCDRC, judicial member J Jayaram and member Vasugi Ramanan passed orders in the matter. According to his complaint, Dr Felix Ryan had pledged an RBI tax-free relief bond for Rs 1 lakh with HBL Global Private Limited, the marketing division of HDFC Bank Limited, and obtained a loan of Rs 80,000. Though he repaid the entire loan amount with interest on June 4, 2005 and requested the bank authorities to return the bond which was pledged, there was no response from them. Since he had repaid the loan, the bank had no right to hold back the pledged bond, he said. After a legal notice to the bank failed to yield results, the couple filed a complaint before the district consumer forum. In March, 2009, the forum ordered the bank to return the bond along with interest in addition to a compensation of Rs 30,000 and a penalty of Rs 5,000. The bank approached the state forum in an appeal against this order. For their part, representatives of the bank said they had returned the bond through a private courier service on December 23, 2005. They resisted the case saying the complaint was not maintainable as the courier service was not made a party in the case.
However, the bench observed that it was not the responsibility of the complainants to implead the courier service. Since it was the contention of the bank that they had sent the documents through the service, it was for them to proceed against the company, which they failed to do. Except for a number mentioned in the written version, no documents were filed to indicate that Ryan had received the delivery.
TOI