DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./82/2019
Date of Filing Date of Admission Date of Disposal
15.03.2019 26.03.2019 22.03.2024
Complainant/s:- | Sri Pradip Kumar Saha @Rajesh Saha, S/o. Late Gopi Nath Saha, 2/1/A/1/A/1, Akshay Kumar Mukherjee Road, P.O. Noapara, P.S. Baranagar, Kolkata-700090, Dist-North. -Vs- |
Opposite Party/s:- | 1.Authorized Officer of LIC Housing Finance Limited, Koyla Vihar, Mondalganthi, VIP Road, Near Haldiram, Kolkata-700052, Dist- North 24 Parganas, P.S. Baguiati. 2. Authorized Officer of LIC Housing Finance Limited, Hindustan Building , Ground Floor, 4,C.R.Avenue, Kolkata -700072, P.S. New Market. |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainant above named filed this complaint against the aforesaid O.P praying for direction to return the original sale deed, possession letter of the said flat , No dues certificate, compensation amounting to Rs.3,00,000/-, further compensation amounting to Rs. 2,00,000/- , interest at the rate of 18%, cost of the case amounting to Rs. 2,00,000/- and other reliefs.
He alleged that he being a senior citizen purchased one flat from M/s. New Trayee Construction with the consideration of Rs. 11,88,000/- situated at 2/1/A/1/A/1, Akshay Kumar Mukherjee Road, P.O. Noapara, P.S. Baranagar, Kolkata-700090, Dist-North 24 Parganas.
At the time of purchase of the said flat he paid Rs. 7,88,000/- to the aforesaid New Trayee Construction. He was unable to pay the remaining consideration amounting to Rs. 4,00,000/- and he took a loan vide loan account No.11410077095 from the opposite parties. The said loan was sanctioned and disbursed on 08.04.2004. On the date of registration after completion of registration representative of O.P took the original IGR being No. 3278 in the office ADSR at Cossipore Dum Dum and said representative issued the original possession certificate, original money receipt etc. EMI of the loan was fixed at the rate of Rs.4635 per month interest was fixed to 11.65% p.a. Term of the loan was 10 years. The complainant has paid the entire amount of the said loan on 11.09.2014 and loan account was showing zero balance.
After payment of the said loan opposite parties and his department did not take any steps to return the original sale deed along with NDC. Thereafter complainant sent a legal notice through his Ld. Advocate Mr. Biswajit Jana to the opposite parties on 04.07.2017 and demanded the aforesaid original sale deed, no dues certificate and no objection certificate but they did not pay any heed. The complainant also sent another advocates’ letter on27.09.2028 and claimed the aforesaid documents. But O.Ps did not pay any heed. On 05.01.2019 complainant also sent another legal notice through his Ld. Advocate but also did not get any fruitful result. Hence the complainant filed this case.
O.Ps appeared in this case and filed W.V. and denied the entire allegation. They further stated that the original loan account filed of the complainant has been mis-placed from the custody of the concern department and in spite of thorough search same was not found. O.Ps have explained the situation to the complainant and his authorized agent when they visited the office of the opposite parties. Thereafter OPs have lodged G.D. with Boubazar P.S on 11.07.2019. Opposite Parties are willing to provide a fresh a certified copy. They pray for dismissal of the case.
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Trial
During trial complainant filed affidavit-in-chief. O.Ps also filed affidavit-in-chief.
Complainant also filed reply of questionnaires.
Documents
Complainant at the time of filing of this complaint filed the following documents:-
- Copy of demand notice dated 05.01.2019 along with Xerox copy of postal receipt and AD. Card of O.P.Nos. 1and 2.
- Copy of legal notice dated 27.09.2018 along with Xerox copy of postal receipt and Ad. card of O.P. No.1.
- Copy of Advocate’s letter dated 04.07.2017 along with copy of postal receipt and AD. card of O..Nos. 1 and 2.
- Copy of loan account statement containing zero balance.
BNA
Complainant filed BNA. O.P. Nos. 1 and 2 filed BNA.
Decision with Reason
We have carefully gone through the aforesaid documents. We have also heard the Ld. Advocate for both the sides.
It is admitted position that the complainant took a housing loan from the O.P. Nos. 1 and 2 and he paid the entire amount of the said loan. It is the allegation of the complainant that in spite of several requests O.P. Noa. 1 and 2 not yet returned the documents i.e. original sale deed, possession certificate and no dues certificate till date in favour of the complainant. Even the O.P.Nos 1 and 2 not yet provided those documents in spite of sending of three Advocates’ letters.
At the time of hearing argument Ld. Advocate for the O.P. Nos. 1 and 2 submitted that they already handed over the aforesaid documents to the complainant. He further argued that on 2023 they handed over the aforesaid original deed to the complainant and also handed over no objection certificate. They prayed for dismissal of the case.
In reply Ld. Advocate for the complainant admit that he got the aforesaid documents.
In this context we have carefully gone through the decision of Hon’ble NCDRC
Meerat Development Authority – Vs-Asok Kr. Sood dated 03.09.2012. We have also carefully gone through the another decision of Hon’bl NCDR, Secretary/ Manager Mayyan Regional Cooperative Bank –vs- Ibrahim Kutty .
In view of the aforesaid discussion it is clear before us that the complainant is the consumer and opposite parties are the service provider.
Having regard to the aforesaid discussion and in view of the aforesaid decisions it is clear us that the complainant has established his grievance by sufficient document and accordingly complainant is entitled to relief as per his prayer.
In the result present case succeeds.
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Hence,
Ordered
that the present case be and the same is allowed on contest against the O.Ps. with cost of
Rs. 5,000/- to be paid by the O.Ps in favour of the complainant.
As the O.Ps have returned the required documents in favour of the complainant.
No order is passed on the point of return of documents. O.P. Nos. 1 and 2 are directed to pay compensation amounting to Rs. 20,000/-in favour of the complainant for the harassment of complainant positively within 45 days from this day failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
