Order No.                 .

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that she is an ex-employee of the OP Bank i.e. Central Bank of India.  She retired from service on 30-04-2010 and during his service period she took loan from said Bank and her Loan Account No. is 1044905864 and at the time of obtaining the loan, the complainant deposited her original deed of Sale with a blue print which was registered with the Sub-Registry Office, Cossipore, Dum Dum on 18-04-1979 and same was recorded in book no. I, Volume No.59, pages 115 to 125 being no.2628 for the year 1979 along with other required document, demanded by the OP1 in accordance with norms of the Central Bank of India for due repayment of loan as well as security and the Bank authority has acknowledged the same and duly informed the complainant and prior to his retirement complainant remitted the entire loan amount as per demand of the bank and accordingly the Senior Branch Manager, Central Bank of India, Grey Street Branch issued no due certificate in favour of the complainant on 16-02-2010 but the documents which were deposited and/or mortgaged with the concerned branch as security or mortgage by the Branch Manager, Central bank of India, Hatkhola Branch for the reason best known to him was not returned though the complainant requested the Branch Manager many times to return the same but all the attempts of the complainant failed and practically complainant is being harassed by the OP and it is no doubt an unfair trade practice and, in fact, finding no other alternative complainant sent a demand notice on 12-09-2013 asking for refunding the original title deeds and other documents in respect of the property but they did not pay any heed and did not respond and in the circumstances, complainant filed this complaint for deficiency and negligent manner of service and for adopting unfair trade practice by the OP.

          OP by filing written version has submitted that there was no laches and deficiency on the part of the OP and fact remains during the renovation work of office of OP1 and due to long lapse of time some vouchers, documents has been transferred from the branch office of the OP1 and original documents deposited by the complainant might be mis-placed by the OP1 but it is not yet searched out and it is not available till date and for which as per direction of the Regional office the complainant was directed to obtain certified copy of the document deposited with the Bank and the OP already reported to the complainant that original document could not be traced out as deposited by the complainant and in the above circumstances complaint should be dismissed.

Decision with Reasons

On hearing the Ld. Lawyer for the OP and also the complainant at herself and after thorough study of the complaint and written version it is clear that Op admitted the fact that they have failed to return the documents which had been deposited by the complainant at the time of taking loan but peculiar factor is that not a single letter was sent by the authority to the ex-employee praying for any apology for non-availability of her document and, in fact, the banking authority did not show their social moral respect to the ex-employee, Senior Citizen lady but as if OPs are tried to convince this Forum by their written statement that it is a very casual matter and they have collected certified copy of the document and complainant was asked to received it.  If this is the approach of the OP Bank authority then it is clear that this Bank Authority who has submitted this written statement has no social and moral responsibility as a Branch Manager of a Banking Institution.  He has no knowledge about customer care.  He has no diligence in performing the daily duties and everything is casual to him.  Such sort of conduct is called nonsense conduct of the administration and if nonsense attitude is expressed by any undertaking sector officials to the customers it is uncalled for.  In this regard it is to be mentioned that all over the world the consumer management groups and consumer authorities are directing all the sectors, officers and staffs to learn first of all consumer related management and social and moral responsibility of the banking sector or any other sectors to behave with the customers properly but anyhow in India this is absent only on the ground the consumerism has not taken a shape of social revolution.  But the Banking authorities are warned by this judgment that future would be very complicated of the banking authority or any other undertaking authority because within few years consumer movement shall take a shape when daily consumer associations shall have to appear before the undertaking authorities’ offices to know whether they are behaving properly, whether they are dealing with the customers properly and they are giving proper service to the consumer grievance or not if this incidents would take place at America or England or Germany or France in that case Banking authority shall be punished by the consumer associations and by National Consumer Control/Protection Council and as because the present situation of consumer activities/the consumerism is weak for which this OP has got such chance to defend the case in such a manner.  In fact, entire conduct of the OP is negligent and deficient in manner without having their responsibility how to maintain the public documents.  It is fact that they have failed to hand over the same but it is to be kept into their mind (of the OPs) that if original deed is lost, in future chance of getting loan on the part of the complainant would be very difficult.  Moreover, this banking authority if actually already collected the certified copy it may be sent with a certificate that the original is lost, same could not be searched out from the custody of the OP4 by certifying that and sending the certified copy to the complainant but that has not been done and invariably it is a negligent activities on the part of the OP and such a callous administration how long shall be continued and how long consumers shall be harassed by the banking authorities in such a manner.  So, considering all the facts and also status of the complainant as ex-employee of that bank, a senior citizen lady we are convinced that the grievance of the complainant is proved beyond any manner of doubt that she had been ill treated, mis-behaved and dishonoured by the OP.  Truth is that social, moral and general responsibility fo the OP is not shown what they have lost and at first the OPs shall have to learn how to behave with the consumers at first.  Learn at first how to work diligently by keeping the public documents in safe custody properly because same are completely absent in their daily behaviour and work.

          Considering the above facts we are convinced that in future the consumers who have kept Gold ornaments in the locker shall have to face same behaviour and consequences from the OP and this is the picture of the present Bank administration so, we are convinced that OPs deficient, negligent, mis-behaviour and improper behaviour to the consumer to the present complainant, senior citizen lady, ex-employee of the Bank is well-proved for which the compliant succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest with a cost of Rs.5,000/- against the OPs.

          OPs are hereby directed jointly and severally to handover the certified copy of the Deed in respect of the original when original has been lost from the custody of the OPs and at the time of handing over the said certified copy of the deed on the back side of the deed OP shall have to endorse by putting their seal and signature that original was lost from the bank custody for which the certified copy was collected from the authority and it is then handed over to the complainant by the Banking Authority and similar certificate shall be issued in the official pad of the OPs addressed to the complainant and both the letter and the certified copy of the deed shall be handed over to the complainant at her residence at the cost of the OPs along with that OP shall have to send a letter with proper seal and signature of the OPs praying apology to the complainant for their such sort of anti consumer behaviour and it shall be completed with within one month from the date of this order and compliance reported must be submitted before this Forum along with copy of this papers within the stipulated time.

          For harassing the complainant in such a manner for last 3-4 years OPs jointly and severally are directed to pay compensation of Rs.10,000/- to the present complainant and it must be paid within one month from the date of this order.

          OPs are directed to comply the order within the stipulated period failing which for dis-obedience and non-compliance of the Forum’s order they shall have to pay penal interest @Rs.100/- per day till full satisfaction for the decree and even penal proceeding u/s.27 of the C.P. Act shall be started.