THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:

                                                -ooOoo-

C.C. CASE NO.109/ 2022

Pranab Kishore Pattnaik , aged about 57 years,

S/o – Late Baikuntha Nath Pattnaik, resident of HIG-II/I, BDA

Colony, Kapil Prasad, Bhubaneswar – 751002

….     Complainant

-Vrs.-

1. Bank of India, Kapil Prasad Market Complex Branch,

HIG-1/65, BDA Colony,Kapil Prasad, Near Lingaraj Road

P.H. Railway Station, Bhubaneswar – 751002

2. Pravat Kumar Padhan, Sr. Branch Manager, Bank of India,

Kapil Prasad Market Complex Branch,

HIG-1/65, BDA Colony,Kapil Prasad, Near Lingaraj Road

P.H. Railway Station, Bhubaneswar – 751002

                                                                             ….     Opp. Parties

For the complainant                Sri K.C.Prusty (Advocate)

For the O.Ps.                           Sri A.K.Mohapatra & Associates (Adv.)

DATE OF FILING                  :         06/04/2022

DATE OF ORDER                 :         03/08/2023

ORDER

K.C.RATH, PRESIDENT

1.       This is an application U/s 35 of the C.P.Act, 2019.

2.       The complainant’s case in brief is that,  Baikuntha Nath Pattnaik, (since deceased),  availed a loan by depositing title deeds of his immovable property with the OP.1  On 20/05/2015,  Baikuntha Nath Pattnaik died leaving behind his six  sons. The present complainant came to know that his father had availed a loan by depositing the title deeds and other documents with OP. The complainant,  being  authorized by the other legal heirs of the deceased loanee, requested the OP.1 Bank to return the sale deeds  and other documents deposited with it  but the Bank did not return despite the fact that  the loan account was closed. Hence this complaint.      

3.       On the other hand, the OPs filed written version  stating  therein that, there is no cause of action to file this complaint. Baikuntha Nath Pattnaik  (since deceased) was a loanee of OP.1 and he defaulted in repaying the loan  for which a proceeding was initiated  against him before DRT, Cuttack.  Baikuntha Nath Pattnaik since deceased, had filed a number of criminal & civil cases against the OP.1. The OP.1 is ready to return the documents  to the legal heirs of the deceased loanee, if they remain physically present before the Bank  and give an affidavit to the effect that, there is no case pending against the OPs at the instance of  Late  Baikuntha Nath Pattnaik.  As there is no cause of action to file this present complaint, it is liable to be dismissed with cost.

4        Perused  the materials on record. In the meantime,  the documents have been returned to the legal heirs  of the deceased.  The  registered sale deeds  bearing numbers  2945/1992 & 6469/1992 and other documents  were in the custody of the Bank. Since the documents have been released in favour of the legal heirs  of the deceased loanee, and the delay in returning the documents was due to series of litigations pending between the parties,  I do not find any deficiency in service on the part of the OPs.  As such, the complaint   bears no merit.  Hence it is ordered.

ORDER

The complaint is  hereby  dismissed on contest  against the OPs    being devoid of merit.

The order is pronounced on this day the   3^rd August, 2023  under the seal & signature of the President and Member (W)   of the Commission.

                                                                                      (K.C.RATH)

                                                                                       PRESIDENT

 Dictated & corrected by me

               President                                                                                    

I agree                                                                            

(S.Tripathy)                                                                           

Member (W)                                                                             

Transcribed by Smt. M.Kanungo, Sr.Steno