IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/29/2015.

 Date of Filing:   25.02.2015.                                           Date of Final Order: 30.10.2017.

Complainant :  Sandip Kumar Mondal S/O Late Shambhu Nath Mondal,

                        15/2, A.C. Road (by Lane 10), P.O. Khagra, P.S. Berhampore, Dist. Murshidabad.

                        Pin 742103.

-Vs-

Opposite Party: Branch Manager, The Murshidabad District Central Co-Operative Bank Ltd.,

                        Berhampore Main Branch, B.B. Sen Road, P.O.&P.S. Berhampore,

                        Dist. Murshidabad. Pin 742101.

                       Present:   Sri Anupam Bhattacharyya ………………..……. President.                              

                                         Smt. Chandrima Chakraborty ……………………..Member.

                                     Sri Manas Kumar Mukherjee …………………….. Member.

FINAL ORDER

            Sri Anupam Bhattacharyya Presiding Member.

The instant complaint has been filed by the complainant U/S 12 of C. P. Act, 1986 praying  for return of the original Title Deed of the dwelling house of the complainant deposited as security of the loan and compensation of Rs.01 lakh (Rs.50,000/- for harassment and Rs.50,000/- for mental pain and agony).

            The complainant’s case, in brief, is that the complainant took a Loan of Rs.1, 65,000/- from the Opposite Party in the year 2003 for the term of 13 year with a condition to prepay the same in 156 equal monthly installments for the purpose of construction of dwelling house of the petitioner and the same was deposited as security of such loan. The complainant repaid the entire loan clearance certificate was issued on 27.8.14 and also assured return of the original Title Deed of the dwelling house with five days but not yet received in spite of several requests and on 20.02.2015 ultimately refused to return the same. Hence, the instant complaint case.

                                                    Decision with Reasons.

            In this case the OP-Central Co-Operative Bank appeared and several attempts were taken by the complainant for settlement and the OP-Bank had also prayed for  time for filing Written Version on  different occasions but ultimately the OP has not filed any written version and the case has been taken up for hearing ex parte.

            The complainant’s main case is for return of the original Title Deed of his dwelling house lying with the OP-Central Co-operative Bank as security of his loan when loan has been repaid and loan clearance certificate has also been issued.

            To prove the case the complainant has adduced his evidence on affidavit along with relevant documents in support of his case ex parte.

            Considering the materials on record ex parte we find that the complainant paid the entire loan amount fully and loan account was closed. We also find that the complainant has filed Xerox copy registered mortgaged deed and applied for return but he has not got back the said mortgaged deed in original and as such the complainant is entitled to get an order ex parte for return of the said original mortgaged Deed in original as described in the schedule of the complainant’s petition.

            Regarding compensation we are of view that the complainant is entitled to get litigation of Rs.1,000/- only  and as such the complaint is allowed in part.

            Hence,

                                                                 Ordered

That the Consumer Complaint No. 29/2015 be and the same is hereby allowed ex parte.

            The complainant is entitled to get back of the said mortgaged Deed in original as described in the schedule of the complainant’s petition from the OP-Bank. He is also entitled to get litigation cost of Rs.1, 000/- from the OP.

            The OP-Bank is directed to return back the mortgaged Original Deed of the complainant to him along with litigation cost of Rs.1, 000/- within 60 days from the date of this order failing which the OP is to pay Rs.50/- per day’s delay as fine and the amount so accumulated shall be deposited by Demand Draft in Consumer Legal Aid Account.   

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.