Orissa

Jagatsinghapur

CC/128/2019

Rajendra Kumar Singh - Complainant(s)

Versus

Branch Manager syndicate Bank - Opp.Party(s)

Mr.S.N.Mishra

26 Aug 2022

ORDER

                                                                                            JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to close the loan account, grant No Dues Certificate and return the mortgaged deed  and pay Rs.1,00,000/-  jointly and severally for compensation to the complainant subjecting harassment, mental agony”.

            The brief fact of the case is that the complainant took a loan from opposite party (Bank) and could not pay the loan in time for which proceeding under Sec.13 of SARAFAESI Act initiated. Being aggrieved complainant approached of Hon’ble High Court of Orissa. Hon’ble High Court of Orissa vide judgment dt.26.8.2019 has been pleased to direct as under;

            “Mr. Udgata, learned counsel for opposite parties- Bank has filed a counter affidavit on behalf of opposite parties-bank in Court today which is sworn by the Asst. General Manager-cum-Authorized Officer, Syndicate Bank, R.O.-1, Bhubaneswar. It is stated therein that the liability against the petitioner as on 31.7.2019 is Rs.1,83,411.86 and in case the petitioner will pay a sum of Rs.1,50,000/- within a period of 30 days, in such event, the loan account can be closed.

            Considering the above, we dispose of this Writ Petition with a direction that in case the petitioner deposits a sum of Rs.1,50,000/- (Rupees one lakh fifty thousand only) before opposite party No.1-Bank on or before 16.09.2019, in such event the said opposite party shall close the loan account of the petitioner, return the documents which were mortgaged with the Bank and issue No Dues Certificate in favour of the petitioner after the payment is made. If the petitioner fails to comply the aforesaid direction within the time specified, it will be open to the opposite parties-Bank to take necessary steps against the petitioner in accordance with law for recovery of the loan dues.”

            The complainant deposited the required amount on the last date fixed by Hon’ble High Court of Orissa i.e. 16.9.2019.

            Complainant sent one letter dt.16.10.2019 to return his document which was received by opposite party No.1 on 20.01.2019 as revealed from the record. The complainant without given sufficient time has filed the consumer complaint on 28.10.2019 before this Commission.

            After receipt of the notice from this Commission the opposite parties vide letter dt.07.01.2020 stating as under;

            “With reference to the subject cited above I would like to intimate you that in spite of repeated request for taking back of your land documents, you are not taking to take the same although your loan account has been closed and no dues certificate has been given to you.”

            The complainant has stated in his complaint petition that he has approached opposite parties (Bank) a good number of times in person to get no dues certificate for closure of loan account and to return the mortgage documents. The opposite parties have denied the said fact. The complainant in para-7 of the consumer complaint has stated as under;

            “Being harassed vide written appraisal letter dtd.16.10.2019 again approached the O.P. Bank to avail the immunities but of no avail hence complainant sustained mental agony besides financial loss of Rs.1 lakhs hence this complaint.”

            It is not understood how the complainant was harassed by his own letter dt.16.10.2019 and again approached the opposite parties (Bank) to avail immunities and how he sustain mental agony from 20.10.2019 to 27.10.2019 for which complainant approached this Commission on 28.10.2019 to return the document and to award compensation.

            This Commission vide order dt.12.7.2022 directed the counsel for opposite parties to produce the original documents of the complainant immediately so that the complainant will take back which original document. The counsel for opposite party Bank Mr. B.C. Tripathy produced the original document on 15.7.2022 and it was communicated on 12.7.2022 to the counsel for the complainant to receive the document immediately from the counsel of the opposite party. From 15.7.2022 to 16.8.2022 the counsel for complainant was requested to take back his original document but he has not received the original document and is kept pending with this Commission, which lacks proper security to keep the document. This Commission is running with one steno, one Peskar and one Sweeper and pendency of about seven hundred consumer complaints and we are burden with keeping the document in our safe custody and the complainant is not responding to take back his original document, which goes to show the intent and conduct of the complainant. The complainant has relied on the judgment of Hon’ble National Commission in the case of Rajesh Gupta vrs. Axis Bank 2018 NCJ 918 in which Hon’ble National Commission has held if the Bank is deficiency of service is entitled to pay compensation and in that case Axis Bank had lost the document but in this case complainant has filed the case after 1½ months of paying loan dues as per direction of Hon’ble High Court and approval of higher authority of bank was required. Notice of complainant was received by opposite parties on 20.10.2019 and consumer complaint was filed on 28.102.019.

            In the present case complainant has been given relaxation by the opposite parties and Hon’ble High Court of Orissa and instead of Rs.1,83,411.86 paisa, complainant has paid Rs.1,50,000/-. The opposite parties filed their written statement and counter affidavit. In para-14 of counter affidavit on dt.26.7.2022, the opposite parties have stated “that the allegation made by the complainant regarding deficiency of service on the part of opposite party is not all true and not admitted by opposite party when there is a OTS system the allegation made by the complainant regarding deficiencies of service on the part of the O.P. is not at all true and not admitted by the O.P. When there is a OTS system it need to be approved by the competent authority and the proposal is to be sent to him by the bank to the DGM for approval and to scrape the demand from the net through a technical system, under the above facts and circumstances there is some delay in handing over the documents to the complainant and it is not deficiency of service of the part of the O.P.”

            The complainant has got relaxation of Rs.33,411.86 paisa for which the approval of the competent authority is required. The complainant has himself deposited the amount on the last date i.e. 16.9.2019, sent the advocate notice on 16.10.2019 which was received on 20.10.2019 by opposite party and the complainant has filed the consumer complaint on 28.10.2019 without giving sufficient time to opposite party. In spite of letter dt.20.7.2020 of opposite party (Bank), the complainant has not turn up to take back his original document. In spite of the order of this Commission to take back his original documents from this Commission, complainant has not turn up to take back his original documents. The ratio decided in the case cited above to pay compensation is not applicable in this case as in that case the document were lost by the Bank but in this case complainant is avoiding to take back his documents, which goes to show that complainant has make out a case to get compensation and there is no deficiency of service or intentional harassment by opposite party (Bank).

            We therefore dispose the consumer complaint directing the complainant to take back his original record within three days from the date of three working days from the date of pronouncement of order from this Commission and in case the complainant fails to take back his document from this commission he will make a representation to the bank by Regd. Post on which date he will go to the bank to receive the document and upon receiving the letter the opposite party (Bank) will give a date on which date the complainant shall appear before the opposite party (Bank) and receive the document. The complainant shall give his Phone number, Email ID, WhatsApp number for communication so that there will be no occurrences to make any further complain in future. With the aforesaid observation and direction the consumer complaint is disposed of without any cost. Both parties shall bear their own cost.

 

            Pronounced in the open Commission on this 26^th August, 2022.