The complainant wanted to transfer the loan amount to S.B.I. Karnajora Branch because as per the banking regulations the rate of interest of S.B.I. is less than the Bangiya Gramin Vikash Bank and because of the high interest rate of B.G.V.B., Hemtabad Branch, that is difficult for the complainant to cope up with. On 20.05.2017 the complainant submitted a complain before the Assistant Director of Consumer Affairs & Fair Business Practices, Uttar Dinajpur Regional Center Office, Raiganj but the O.P.No.1,2&3 did not turn up.
The petition has been contested by the O.Ps by filling the W.V. denying all the material allegations as labeled against them contending inter alia that the case is not maintainable and the petition is barred by mis-joinder and non-joinder of parties as the S.B.I. is not a party of this case.
In Para 8 it is a fact that after searching every possible places they failed to trace out the mortgage papers as such the O.Ps approached the complainant to negotiate the matter and they agreed to bear the cost of making original title deed/documents which is possible as per Law/Transfer of Property Act but the complaint refused the same.
In Para 9 the O.P.s are clearly stated that they were ready to bear the cost for making original deed which is possible as per Law/ Transfer of Property Act and it is their responsibility or obligation to the consumer for the justice.
Though in Para 12 there is no cause of action against the O.P. and the charges leveled against the O.Ps. by the complainant is baseless, false and the instant case is liable to be dismissed with cost.
During trial the complainant (Krishna Pada Tarafdar) was examined as PW1 and he was cross examined. No other witness was examined by the complainant. On the other hand no witness was examined on behalf of the O.P.
Now the point for determination as to whether the complainant is entitled to get an order from this forum or not.
D E C I S I O N W I T H R E A S O N S:
The Learned Lawyer of the complainant submitted that the complainant (Krishna Pada Tarafdar) took H.B.L from Bangiya Gramin Vikash Bank on 17.12.2013, amounting to Rs. 1400000 and the monthly E.M.I. was Rs. 13,977/-. Due to taking the loan the complainant deposited his Original Deed, Will, L.R. Khatiyan and other necessary documents to the office of O.P.No.1 that is Branch Manager of Hemtabad Branch of Bangiya Gramin Vikash Bank. But Para 9 and 10 of the W.V. it has been clearly stated that the Bank Authority failed to trace out the mortgage papers. So, there is no dispute to the point that the complainant deposited the original deed, Will and other necessary documents to the Bank authority. On the other hand it is the responsibility of the Bank Authority to mortgage the original deed because the original deed is a vital document for a human. It is not understood how the original documents were lost from the custody of the Bank Manager. So, it shows the latches and lackadaisical attitude of the Branch Manager how the original deed was lost from his custody. As such the matter is required to be informed by the Chairman of B.G.V.B. and the Chairman of B.G.V.B. is requested to make departmental proceedings against the Branch Manager or any other Officer who was responsible for loosing of the original deed from the custody of the Bank Authority and the departmental proceedings will be completed within 6 months from the date of the receipt of the order. If an original document is lost from the custody of the Branch Office then the customer will lost their trust upon the Bank. In the W.V. it has been clearly stated that the original deed has been lost. So, definitely there was a latches on the part of the Bank. So, the complainant is entitled to get a relief.
C. F. Paid is correct,
Hence, it is,
O R D E R E D:
That the instant case being No. 47/17 be and the same is allowed on contest against the O.Ps with cost.
The complainant gets Rs. 50,000/-(fifty thousand) for mental pain and agony and Rs. 15,000/-(fifteen thousand) for litigation cost.
The O.Ps. are directed to pay the awarded amount within one month from the date of this order failing which it will carry interest at the rate of 5% per annum from the date of default. The O.Ps. are also directed to hand over the all documents including the original title deed in connection with H.B.L. Account No. BG5278, Mortgage SI. No. 600 to the full satisfaction of the complainant. The process of loan take over and hand over/made over will be made within two months from the date of this order. The complainant is at liberty to execute the order as per provision of law in case of default of payment by the O.Ps.
Let a copy of this order be sent to the Chairman of Bangiya Gramin Vikash Bank, P.O.& P.S. Berhampur, Dist. Mursidabad, Pin. 742101 by speed post for compliance.
Let a copy of this order be given to the parties free of cost.
