Date of Filing: 23.11.2015 Date of Final Order: 14.11.2017
Smt. Runa Ganguly, Member.
The present complaint has been filed by the Complainant U/S 12 of C.P. Act 1986. The factual matrix of the case as can be gathered from the case record is that in the year 2005, the Complainants took House Building Loan amounting Rs.4,50,000/- from the O.P. Bank to construct his own house structure. The Complainants deposited the following documents to the O.P. Bank for his aforesaid loan purpose.
- LIC Deed No.450417324 & No.450417325
- Title Deed No. I-2561
- Original Mutation Certificate
- Plan & Estimate
- Khajna Rasid
- K.V.P. Certificate No.25BC555707 (Registration No.3426) Rs.5,000/-
No.25BC555708 (Registration No.3426) Rs.5,000/-
No.25BC555709 (Registration No.3426) Rs.5,000/-
No.25BC555710 (Registration No.3426) Rs.5,000/-
No.25BC555711 (Registration No.3426) Rs.5,000/-
- F.D (S.B.I) Certificate No. SD/A/74, 231985, amounting Rs.15,000/-
After receiving such documents from the Complainants, the O.Ps issued a loan vide No.11324235854 (Loan File No.419) and disbursed the same in favour of the Complainants. The Complainants complying all the terms & conditions of the O.P. Bank and entire loan amount along with interest finally clear off by the Complainants on 19/10/2011. Accordingly, the O.P. No.2 issued a certificate to that effect.
Thereafter, the Complainants requested the O.P. Bank to return all the documents as security deposits which are lying in the custody of the O.P. Bank as the entire loan amount has already been paid with interest within stipulated period. In response to that, the O.P. No.1 returned all the documents to the Complainants except those five numbers of K.V.P. Certificates. The O.P. Bank authority could not trace out those documents.
Subsequently, for last four years in so many occasions, the Complainants personally visited and met the concerned officer of the Bank with a request to return those documents but yielded no result from the O.P. Bank authority.
On 23/07/2014 the Complainant No.1 requested the O.P. No.1 in writing to return those K.V.P. Certificates but the O.P. Bank authority neither returned those certificates nor replied to the letter of the Complainant No.1.
The aforesaid five K.V.P. Certificates already matured on 06/10/2015 but as the original certificates are lying in the O.Ps custody, the Complainants could not withdraw the matured amount and suffering financial loss to the tune of Rs.50,000/- along with interest.
The O.P. Bank authority is liable to return those certificates as aforesaid or to refund the entire matured amount which ought to have received by the Complainants after 06/10/2015 of Rs.50,000/- and also compensate the Complainants for their unnecessary harass and mental pain & agony due to negligence and ill treatment of the O.P. Bank authority.
Hence, the Complainants filed the present case praying for issuing a direction upon the O.Ps to return five K.V.P. Certificates which are kept by the O.P. Bank or refund the maturity amount of those certificates to the tune of Rs.50,000/- and also to pay (i) Rs.1,50,000/- as compensation for mental pain & agony and harassment, besides other relief(s) as the Forum deem fit, as per law & equity.
The present case has been filed by the Complainant against the State Bank and on a prayer from the side of the bank the Post Master, Cooch Behar Head Post office has been made as O.P. No. 3. Both the O.Ps. have appeared through their Ld. Agents and contested the case.
In its turn the State Bank of India i. e. O.P. No. 1&2 by filing W/V contested the case contending inter-alia that the present case is not maintainable in the eye of law and also bad for non- joinder and mis-joinder of necessary parties. The Complainants only to harass this O.Ps. intentionally have filed the present case. The further contention of the O.Ps is that after receiving the complaint from the Complainants the O.Ps took immediate action and when it revealed that the 5 Nos. of KVPs were not traceable this answering O.P. applied for duplicate copy of the said KVPs and also deposited requisite fees. Thus, this O.Ps. have no deficiency in service and there is no question of adopting unfair trade practice by this O.Ps. By putting all, this answering O.Ps prayed for dismissal of this case with cost.
The O.P. No. 3 in its version categorically stated that the Complainants took a house building loan from the O.P. No. 1&2 and for this purpose five No’s of KVP were pledged as security in favour of the O.P. Bank. The Complainant paid off total loan amount but the bank authority did not return the KVPs as they could not trace out the same. Subsequently, the bank authority applied for duplicate certificates after observing all the formalities. Thereafter the O.P. No. 3 issued duplicate Certificate on 27.01.2017 and discharged the same to the bank authority on 21.03.2017 along with interest through one cheque bearing No. 941367 dtd. 28.02.2017 amounting to Rs. 52665. The O.P. No. 3 also files an additional W/V and averred the above aspect also praying for dismissal of this case with compensatory cost.
In the light of the contention of both parties, the following moot points necessarily came up for consideration to reach a just decision.
POINTS FOR CONSIDERATION
- Is the Complainant Consumer as per Section 2(1)(d)(ii) of the C.P. Act, 1986?
- Has this Forum jurisdiction to entertain the instant complaint?
- Have the Opposite Parties any deficiency in service as alleged by the Complainants? If so, are they liable in any way?
- Whether the Complainant is entitled to get relief/reliefs, as prayed for?
DECISION WITH REASONS
We have gone through the record very carefully, perused the documents of the Complainant and other materials on record and heard the argument advanced by the agent of the parties at a length. Perused also the Evidence on affidavit, W/Ar. of the Complainants and Opposite Parties.
Point No.1.
Evidently, the Complainants are the customer of the O.P. bank and took loan from the O.P. Bank. Hence, the Complainants are the Consumers of the O.P. Bank.
Point No.2.
The Opposite Parties in this case have running their office within this district and the complaint value of this case is far less than the prescribed limit. Thus, this Forum has territorial as well as pecuniary jurisdiction to try the present case.
Point No.3 & 4.
Both the points are taken up together for convenience of discussion and sake of brevity.
Admittedly, the Complainant took a house building loan of Rs. 4, 45,000/- from the O.P. Bank i.e. the State Bank of India, Cooch Behar Branch, Sagardighi square.
Evidently, the Complainant handed over some documents such as LIC Deed, Title Deed, Original Mutation Certificate, Plan & Estimate, Khajna Rasid and five No. of KVP certificates bearing No. 25BC555707 to 25BC555711 valued at Rs. 5000/- each along with one Fixed Deposit Certificate amounting to Rs. 15,000/- as security and the O.P. Bank kept those in its custody. Annexure “A” transpires the same.
Annexure “B” reveals that the Complainants repaid the total loan amount in full on 19.10 2011. The clearance certificate has been issued by the bank authority on 21.07.2014.
It is the case of the Complainants that even after repayment of house building loan the O.P. Bank did not return the five Nos. of KVPs amounting to Rs.5000/- each issued on 06.03.2007. The documents made available in the record go to show that the Complainant No.1 on 23.07.2014 wrote a letter to the Manager, State bank of India, Cooch Behar Branch for getting back KVP Certificates. This letter also speaks that the Complainant No.1 made several contacts to the bank authority to get back the above certificates but his all efforts were in vain.
It is the case of the O.P. Bank that as and when the O.P. did not trace out the five Nos. of KVP of the Complainants, wrote a letter to the Post Master Tufanganj Post Office on 15.06.2016 for obtaining duplicate copy of the said certificates. After getting the fund in connection of the above KVPs in question from the O.P. No. 3 the O.P. bank issued two Nos. of Demand Draft along with interests in favour of the Complainants. Thus, the O.P. bank has no deficiency in service.
Admittedly, the O.P. bank failed to return back the five Nos. of KVP certificates to the Complainants even after repayment the loan. The O.P. Bank made contact with the Post Office from where the KVPs had been issued but in the record there is no scrap of papers to show that the O.P. bank reported the incident to the Complainants rather the bank has tried to suppress the matter. It is pertinent to mention that the O.P. Bank kept those certificates as pledge in its custody and only the bank is liable for loss/misplacement of the documents. The post office has no direct nexus with this dispute. The Complainant No. 1 on 23.07.2014 wrote a letter to the Manager, State bank of India, Cooch Behar Branch for getting back KVP Certificates. The O.P. Bank after elapsing at about two yrs. wrote a letter to the Post Master Tufanganj Post Office on 15.06.2016 for obtaining duplicate copy of the said certificates. The O.P. bank failed to take initiative in due time and kept mum for a long period. After getting notice from this Forum on 03.12.2015 they wake up and made a G.D. on 15.12.2015 (as per document filed by the O.P. No. 3) though the Bank did not file any copy of G.D. The O.P. bank filed two Nos. of DD in favour of the Complainants, but the Complainants did not accept the same.
It is also pertinent to mention that duty to return the security deposit as soon as the loan cleared, casts upon the O.P. bank, who had received the original documents. The material on record disclosed that the bank did not return the certificates which are already matured on 06.10.2015 on the ground “misplaced”.
In this juncture reliance has been placed upon the ruling reported in 2017 (3) CPR 475 (NC) where in it has been decided “Misplacing of vital documents by bank amounts to deficiency in service “.
In the light of foregoing discussion and the materials to its entirety we hold our considered opinion that the O.P. bank is deficient and negligent enough to render their service.
As and when it is already proved that the O.P. bank has deficiency in rendering proper service, the Complainants are entitled to get relief.
We do not find any reason to hold the O.P. No. 3 is guilty in deficiency in service in this case. Thus, this O.P. No. 3 is immuned from any liability.
In our considered opinion the Complainants are entitled to get compensation of Rs. 20,000/- from the O.P. No. 1&2 for deficiency in service.
The Complainant is also entitled to get litigation cost of Rs. 5000/- from the O.P. No. 1&2.
The O.P. No. 1&2 deposited two Bankers Cheque bearing Nos. 228878 dt. 22.03.2017 amounting to Rs. 52,665/- and 228872 dt. 22.03.2017 amounting to Rs. 170/- on 07.04.2017 though the Post Office issued one cheque amounting to Rs. 52,835/- bearing No.941367 dated 28.02.2017. The said cheques have not been received by the Complainants.
However, the O.P. Nos.1&2 may be directed to pay Rs. 52,835/- along with interest @ 6% p.a. w.e.f. 01.03.2017 till realization of the amount to the Complainants.
The O.P. No. 1&2 may realize the amount of compensation, litigation cost from the concerned officials/officers who is/are responsible for deficiency in service on the part of the O.P. Nos. 1&2.
Thus, the complaint succeeds. Fees paid are correct.
Hence ,
it is Ordered,
That the complaint case be and the same is hereby allowed on contest against the O.P. Nos. 1&2 with cost of Rs.5,000/- and dismissed against O.P. No. 3 without any cost.
The O.P. Nos.1&2 are directed to pay Rs. 52,835/- along with interest @ 6% p.a. w.e.f. 01.03.2017 till realization of the amount to the Complainants.
The O.P. No. 1&2 are further directed to pay Rs. 15,000/- as compensation for deficiency in service which caused mental pain and agony of the Complainants.
The O.P. No. 1&2 are at liberty to realize the amount of compensation, litigation cost from the concerned officials/officers who is/are responsible for deficiency in service on the part of the O.P. Nos. 1&2.
The O.P. bank to comply with the order within 45 days from this date of this order, failure of which the O.P. bank shall have to pay @ Rs.50/- each for each days delay, by depositing the accrued amount if any in this regard, in the Consumer Legal Aid Account.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
Dictated and corrected by me.
