DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FARIDKOT

Complaint No. :     17 of 2019

Date of Institution: 18.01.2019

Date of Decision :    1.05.2019

Darshan Lal aged about 66 years son of Banarsi Das son of Maghi Mal resident of Narang Street, Near Bus stand, Kotkapura, District Faridkot, Tehsil  and  District Faridkot.

                                                                                                    .........Complainant

Versus   

Punjab & Sind Bank through its Manager,Phawara Chowk/Jaitu Chowk, Kotkapura, District Faridkot, Tehsil  and  District Faridkot.

                                                                                                    .............OP

Complaint under Section 12 of the

Consumer Protection Act, 1986.

Quorum: Sh. Ajit Aggarwal, President,

               Smt. Param Pal Kaur, Member.

Present:  Sh Atul Gupta, Ld Counsel for Complainant,

               OP Exparte.

ORDER

(Ajit Aggarwal, President)

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                                             Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against  OPs seeking directions to OPs to issue clearance certificate pertaining to his cash credit limit bearing account no.00901600010037 and to redeem his land and for further directing OPs to pay Rs.2,00,000/- as compensation for deficiency in service and harassment alongwith litigation expenses of Rs.22,000/-.

2                                   Briefly stated, the case of the complainant is that for the purpose of earning his livelihood, complainant availed cash credit limit from OP by mortgaging his 7 kanals 19 marlas land situated in the revenue estate of Kotkapura with OP and got recorded entry to this effect in Revenue Record. It is submitted that complainant repaid entire loan amount alongwith interest to OP on 11.08.2014 but despite clearance of loan account, OP have not issued him Clearance Certificate and have also not redeemed his land. Complainant made several requests to OP to issue him clearance certificate and to redeem his land, but all in vain. All this act and conduct of OP amounts to deficiency in service and has caused harassment and mental tension to complainant. Complainant has prayed for directing the OP to pay compensation alongwith litigation expenses besides the main relief. Hence, the complaint.

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3                                             The counsel for complainant was heard with regard to admission of the complaint and vide order dated 23.01.2019, complaint was admitted and notice was ordered to be issued to the OPs.

4                                              Registered cover containing notice of complaint alongwith complaint and relevant documents was sent to Opposite party, but it did not receive back undelivered. Acknowledgment might have been mislaid or lost in transit. OP was presumed to be served. Nobody appeared in the Forum either in person or through counsel on behalf of OP to contest the pleadings of complainant on date fixed. Therefore, vide order dated 3.04.2019, opposite party was proceeded against exparte.

5                                              Proper opportunities were given to prove their respective case. Counsel for complainant tendered in his exparte evidence affidavit of complainant  Ex.C-1 and documents Ex C-2 to C-3 and then, closed their evidence.

6                                              There is no rebuttal from OP side therefore ld counsel for complainant advanced arguments.

7                                                          We have heard the exparte arguments addressed by ld counsel for complainant and have carefully gone through evidence and documents placed on record.

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8                                                         From the careful perusal of record and evidence and documents placed on record by complainant party, it is observed that case of the complainant is that to earn his livelihood, complainant availed cash credit limit from OP by mortgaging his land with them and duly got recorded entry to this effect in Revenue Record. Grievance of complainant is that he has repaid all the loan amount pertaining to his loan account alongwith interest on 11.08.2014 but OP have neither issued him Clearance Certificate nor have redeemed his land. Complainant made several requests to OP to issue him clearance certificate and to redeem his land, but they did not do the needful. Repeated requests made by complainant to Ops to issue his clearance certificate for his loan account and to redeem his land bore no  fruit. Complainant has suffered huge harassment and mental agony due to this act of OP and it amounts to deficiency in service. He has prayed for accepting the present complaint. On the contrary, Opposite party is exparte and there is no rebuttal from opposite side.

9                                                To prove his pleadings, complainant has brought our attention to ExC-2 which is copy of jamabandi that proves the fact that vide rapat no.201 dated 11.12.2000 land of complainant bearing khasra no.224/20 is mortgaged with Punjab and Sindh Bank for Rs.95,000/-. Further document Ex C-3 is copy of bank account statement of complainant for the period from

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19.11.2011 to 9.01.2019 that clearly reveals that sanctioned loan amount of Rs.95,000/-has been cleared and nothing is due towards complainant on account of his cash credit loan account.

10                                                          From the careful perusal of evidence and documents placed on record and pleading made by parties in above discussion, it is observed that complainant has repaid the entire loan amount against his cash credit loan account and nothing is due towards him. Complainant has produced sufficient and cogent evidence to prove his pleadings and all documents placed on record by complainant are authentic and are beyond any doubt.

11                                         From the above discussion and in the light of evidence produced by complainant, we are of considered opinion that there is deficiency in service on the part of OP in not releasing Clearance Certificate to complainant and act of not redeeming the land of complainant despite clearance of loan amount pertaining to his loan account, amounts to deficiency in service and trade mal practice on their part. Complainant has  fully succeeded in proving his case and therefore, complaint in hand is hereby allowed with costs in favour of complainant and against OP. Opposite party is directed to issue Clearance Certificate pertaining to cash credit loan account of complainant and are further directed to redeem the land of complainant which is mortgaged with

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them. Opposite party is further directed to pay Rs.3000/-to complainant as consolidated compensation for harassment and mental agony suffered by him as well as for as for litigation expenses. Compliance of this order be maintained within one month of receipt of the copy of the order, failing which complainant shall be entitled to proceed under Section 25 and 27 of the Consumer Protection Act. Copy of the order be supplied to parties free of costs. File be consigned to record room.

Announced in open Forum

Dated: 1.05.2019

(Param Pal Kaur)                    (Ajit Aggarwal)

Member                       President