Orissa

Sambalpur

CC/11/2018

Krushna Chandra Baboo - Complainant(s)

Versus

1-The Branch Manager - Opp.Party(s)

Sri. S.K. Mahapatra, B.K.Mahapatra and M. Mahapatra.

23 Aug 2022

ORDER

PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR

Consumer Case No- 11/2018

Present-Dr. Ramakanta Satapathy, President,

  Sri. Sadananda Tripathy, Member,

Krushna Chandra Baboo,

S/O- Late Satrughan Baboo,

R/O-Sahajog Nagar, Po-Budharaja, Ps-Ainthapali,

Dist-Sambalpur.                      .                                     ………..…..Complainant

 

Vrs.

1. The Branch Manager, Bazar Evening Branch,

At-Nayapara, Ps-Town,

•  

2. Asst. General Manager, State Bank of India,

RAMSEC-SARC, At-Shivlok Complex, Gaiety Road,

Po/Dist-Sambalpur.                                             .. ………..Opp. Parties

Counsels:-

1. For the Complainant                   :-Sri. S.K.Mahapatra, Advocate & Associates
2. For the O.P.s                                 :- Sri. S.A.Guru & Associates

 

DATE OF HEARING :05.07.2022, DATE OF JUDGEMENT : 23.08.2022

           Presented by Dr. Ramakanta Satapathy, PRESIDENT,

1. This complaint is relating to deficiency in service made by the O.Ps as alleged by the Complainant. The Complainant availed a loan of Rs. 1.00lakh for construction of building over plot No. 1910/3761 out of M.S Khata No. 559/128 of Shanti Nagar, Sambalpur. The Complainant deposited the R.O-R, original sale deed No. 2353 dated 13.12.1991, Building plan approved by Sambalpur Muncipality. The Complainant in One Time Settlement closed the loan account. The O.P. No.2 issued no dues certificate on 11.04.2016. Till date the O.Ps have not returned the original documents for which the Complainant is unable to further construct the building, unable to avail any loan from any other Bank. It amounts to deficiency in service.
2. The O.Ps after appearance not filed any version.
3. Perused the documents filed by the Complainant and also affidavit. The evidence of the Complainant has not been rebutted by the O.Ps
4. The O.Ps till date not returned the original documents of this Complainant although the loan account has been closed. It amounts to deficiency in service of the O.Ps for which the Complainant is unable to obtain any further loan for construction. The Complainant cited F.A. No. 288/2014 of the Hon’ble N.C.D.R.C. New Delhi, Mayyanad Regional Co-operative Bank, Mayyanadu V. Ebrahim Kutty case, where in the National Commission held that the Bank is liable for the deficiency in service.

In the present case as there is deficiency on the part of the O.Ps, it is ordered:

6698606.  

The Complaint is allowed against the O.Ps. The O.Ps are directed to return the original documents of the Complainant within one month failing which the O.Ps will be liable to pay compensation of Rs. 6.00lakhs with 7% interest w.e.f 11.04.2016 till realisation.

Further the O.Ps are directed to give a certificate to the Complainant that M.S. R.O.R. No. 559/128 of Shanti Nagar, Sambalpur, R.S.D. No. 2353 dated 13.12.1991 and approved building plan of the Complainant have been lost in the O.Ps Bank and they are unable to return the original documents

Order pronounced in open court on this 23^rd day of August 2022.

          Supply free copies to the parties.