Before the President District Consumer Disputes Redressal Commission, Kandhamal, Phulbani
C.C. No. 53 / 2017
Present: Miss Sudhiralaxmi Pattnaik - President (I/c.).
Sri Purna Chandra Tripathy - Member.
Sri Kalu Charan Patra, aged 62 years
S/O-Late Brundaban patra
At- Peonpada, Phulbani
PO/PS- Phulbani Dist: kandhamal ……………….Complainant
-Versus-
1. The Branch Manager,
UCO Bank, Phulbani,
PO/PS: Phulbani Town
Dist: Kandhamal.
2. The Zonal Manager, UCO Bank.
Zonal Office At: Ashoka Market, Bhubaneswar
PO/PS: Bhubaneswar Dist: Khordha.
. ……………….Opposite-Parties.
For the Complainant: Self
For the Opp. Parties: Advocate Sri V.V Ramadas, Phulbani.
Date of order: 19th March 2021
The brief facts of the case is that the Complainant had availed two loan , one car loan and a mortgage loan bearing loan A/C No.08130602800029 and 0913610001530 respectively from OP No- 1. According to the complainant the car loan has been closed on 25/05/2013 and the mortgage loan Account No-0913610001530 also closed on 20/01/2017 as per the direction o this Hon’ble Forum in E.A No- 01/2016 arising out of C.C No. 29/2013. Thereafter the Complainant approached the O.PNo.1 to issue the clearance certificate in both the loan account and to return the documents which were submitted at the time of obtaining these loans, but the O.P No-1 did not return the documents for such negligence and deficiency in service of OP No- 1, the present complaint filed with a prayer to issue direction to the OPs to issue the no dues certificate for the above loan accounts and to return the documents , apart from that the complainant prayed for grant of compensation Rs. 20.000/- towards mental agony and financial loss and Rs. 5000/- for litigation cost . On peruse the petition with relevant documents submitted by the complainant, accordingly the complaint case admitted and issued notice to the OPs. The Opp-Parties appeared and filed written version denied the allegation made by the complainant. After gone through the written version of the OPs it is revealed that the Complainant had availed two loan and one car loan A/C No.08130602800029 has been closed but the mortgage loan A/C No- 0813061001530 is yet to close and Rs 4,17,627.62p is still due upon the complainant to repay, further the OPs denied the allegation of deficiency in service on their part and claimed for dismissal of the complaint petition. The OPs also averred that the present complaint case is arising out of C.C No-. 29/2013 and E.A No- 01 of 2016 of this Forum. The Opp-Parties in obedience to the order passed in C.C No. 29/2013 paid a sum of Rs.1, 24,139.39p to the complainant towards interest and compensation in shape of a draft, and same was deposited on dated 03/09/2016 by the complainant in his S.B A/C No-8130100000104. On dated 20/10/2016 the OP No- 1 has realized a sum of Rs. 60,000/- by transfer from the S.B. A/C No- 8130100000104 of the Complainant. We peruse the deposit slips filed by the complainant it is ascertained that the Complainant has deposited an amount of Rs.1,92,647/- and Rs.6,742/- on dated 15/11/2016 and 20/01/2017 respectively against the loan A/C No-0813061001530. The OP No- 1 filed an Account Statement of the aforementioned loan A/C from 25/02/2011 to 04/02/2017 where it is clearly reveal that an amount of Rs 4, 17,627.62p is still pending to repay by the complainant. For the above reason the documents so mortgaged before the OP No-1 not return to the complainant.
Both the parties in this case filed their evidence in shape of an affidavit and written arguments in support of their stand in the case. The complainant was cross examined by the learned advocate for the OPs, during the cross examination, the complainant has stated that
We have gone through the petition, version and the evidence affidavits as well as the argument placed by both the parties and after carefully examination of the documents filed from both the sides .We found that the Complainant has filed two no’s of deposit slips i.e. on 15/11/2016 deposited Rs1,92,467/- and Rs. 6,742/- on dated 20/01/2017 in the loan A/C No-08130610001530 and after compared with the loan A/C statement filed by the OP No- 1 it is ascertained on 30/12/2015 Rs 2,00.000 recovered against the loan outstanding of Rs 9,77,096/- and on dated 03/09/2016 Rs 1,24,159/- on dated 20/10/2016 Rs 60,000/- , on dated 22/11/2016 Rs 1,92,647/- and lastly on dated 04/02/2017 Rs 6,742/- in total an amount of Rs 5,29,548.38p deposited in the above loan A/C. From the loan A/C statement the outstanding as on 04/02/2017 Rs 4, 17,627/- still to repay against the loan account. We have gone through the order passed in C.C No- 29/2013 where the OP No- 1 was directed to deduct the monthly installments of the complainant towards his loan account which were due from 09/2011 onwards. Further the OPs were directed to waive out the interest since 01/09/2011 towards the non-payment of installments every month. The order was not complied by the OPs within 30 days from the date of receipt the order, result of which the complainant preferred to file an Execution Application vide No- 01/2016 against the OPs On dated 28/10/2016 the complainant was directed to deposit an amount of Rs 1,92,647/- before the OP No- 1 and the OP No- 1 was also directed to issue the clearance certificate and to return the documents after receiving the above amount and during the hearing of the E.A case on dated 31/12/2016 the forum found that the OP No- 1 had not deducted the monthly installments as per the final order dated 30/07/2014 ,also it was directed to the complainant to deposit an amount of Rs 6,742/- as the balance outstanding loan amount before the OP No- 1 on or before the next date i.e. 25/01/207 , in obedience to the order of this forum the complainant had deposited an amount of Rs 6,742/- on dated 20/01/2017 . In the above E.A case order dated 16/03/2017 it is found that the complainant had paid the loan amounts as on 01/09/2011, so the forum pleased to close the proceeding with a direction to the OPs (JDr No- 1) to release the clearance certificate to the complainant (DHr) within 30 days from the date of receipt of the order i.e. 16/03/2017. It is quite surprising that even if such direction to the OPs on different dates for release of documents and issue of clearance certificate, the OPs did not prefer to challenge the order before any forum having jurisdiction though the OPs claimed the loan amount of Rs 4,17,627.62p against the loan A/C No- 0813061001530 is still due upon the complainant is not acceptable, similarly merely non- mention of specific documents mortgaged against the above loan in the petition or evidence affidavit, the claim of the complainant cannot be thrown out , it is to believe that the mortgage loan never be granted without any mortgage, so the plea of the OPs taken regarding the documents in their argument in Para No- 6 is not sustainable or acceptable . From the forgoing discussion, it is well established that the OPs are intentionally harassing the complainant to patch up their mistakes, hence liable for deficiency in rendering proper service towards the complainant. Hence order.
O R D E R
The case of the complainant is allowed against the OPs. Therefore the OPs are jointly and severally liable to release the documents retain with them against the above loan account and the clearance certificate in favour of the complainant , apart from that the OPs are directed to pay Rs 5,000/-towards litigation cost only within 45 days from the date of this order . In the event of non compliance of this order, the complainant shall proceed in accordance with the provision of law against the OPs. Accordingly the C.C disposed off.
The order is pronounced in the open court on this 19th day of March 2021.
Free copy of this order allowed to the respective parties in this case.
MEMBER PRESIDENT
