Present (1) Nisha Nath Ojha,
District & Sessions Judge (Retd.) President
(2) Smt. Karishma Mandal,
Member
Date of Order : 30.08.2016
Smt. Karishma Mandal
- In the instant case the Complainant has sought for following reliefs against the Opposite party:-
- To direct the opposite party to refund original deed/mortgaged paper.
- To direct the opposite party to pay Rs. 50,000/- ( Rs. Fifty Thousand only ) as compensation and litigation costs.
- The facts of this case lies in a narrow compass which is as follows:-
The complainant has asserted that he had taken loan from opposite party no. 1 and 2 (State Bank of India) vide loan account no. 30403024396 after completing all legal formalities and depositing the original copy of registered sale deed being deed no. 3240 for obtaining the aforesaid loan amount. The aforesaid deed was in the name of Smt. Rani Devi, W/o Ranjit Kumar.
It is further case of the complainant that he has cleared all the dues along with interest in token of which opposite party no. 1 had issued no dues certificate to the complainant on 18.10.2012. After receiving the no dues certificate the complainant demanded his original registered deed which he had deposited in the Bank for taking loan. When the aforesaid paper was not handed over to the complainant then he has filed applications the photocopies of which has been annexed as annexure – 1 and 2.
It is the case of the complainant that despite paying the loan of the Bank with interest and issuing no dues certificate by opposite party no. 1 the opposite parties have not returned his registered deed.
From the judicial record it appears that on behalf of opposite party no. 1 and 2 a vakalatnama was filed on 09.09.2013 but despite allowing several adjournments for fling written statement the opposite parties have not filed written statement. Thereafter this case was heard ex – parte and this order is being passed.
It goes without saying that the complainant has asserted that despite depositing entire loan amount with interest, the Bank authorities have not returned his registered deed which he has deposited for receiving the aforesaid loan. On page – 8 of the complaint petition the complainant has annexed no dues certificate dated 18.10.2011 issued under the signature of Chief Manager.
As there is no counter version of the opposite parties to the facts asserted by the complainant we have no option but to accept the fact stated by the complainant in complaint petition on affidavit.
It is needless to say that by not returning the registered deed after clearing the loan amount by the complainant the opposite parties have committed gross deficiency.
For the discussion made above we direct the opposite parties to return the registered deed bearing no. 3240 submitted by the complainant to the Bank within the period of two months from the date of receipt of this order or certified copy of this order.
We further direct the opposite parties to pay Rs. 10,000/- (Rs. Ten Thousand only ) to the complainant by way of compensation and litigation costs within the period of two month.
Accordingly this complaint stands allowed to the extent referred above.
Member President
