Order No. 8 dt. 21/02/2019
The case of the complainant in brief is that the complainant with his mother purchased a flat no.06 measuring about 600 sq.ft. on the 1st floor of the building situated at premises no.226/5/1, N.S.C. Bose Road, P.S. Netaji Nagar, Kolkata-92. In order to purchase the said flat the complainant took a loan of Rs.4,80,000/- from o.p. bank. In order to have repayment of the said loan the complainant had to deposit the original title deed of the said flat to the bank. Due to financial crisis the complainant failed to make payment and subsequently o.p. bank initiated proceeding under the law against the complainant. The complainant in order to settle and clear the dues under onetime settlement scheme made an application to the said bank. The o.p. bank accepted the said proposal and communicated the same to the complainant and accordingly, the complainant paid the onetime settlement amount of Rs.5 lakhs. After payment of the entire dues the complainant wanted to have the title deed of the said flat, but o.p. bank failed to provide the same. The complainant, thereafter, sent lawyer’s notice demanding the title deed from o.p. bank, but o.p. bank did not pay any heed, for which the complainant filed this case praying for direction upon the o.ps. for handing over the original title deed of the said flat as well as compensation and litigation cost.
In spite of receipt of notices the o.ps. did not contest this case by filing w/v and as such, the case has proceeded ex parte against them.
The complainant in order to prove the case filed the documents showing that as per the terms of the settlement he paid the onetime settlement amount of Rs.5 lakhs and o.p. bank also issued ‘no due certificate’. After clearing the dues to the bank the complainant demanded the title deed which was deposited to o.p. bank to secure the loan received from o.p. bank. It appears from the materials on record that the complainant after clearing the dues asked for return of the title deed of the said flat, but no step was taken by o.p. for which the complainant had to filed this case. Since the evidence of the complainant has remained unchallenged, therefore we have no other alternative but to accept the contention of the complainant. As such, we hold that there is gross deficiency in service on the part of o.p. bank and the complainant will be entitled to get the relief. Thus the case is disposed of accordingly.
Hence, ordered,
That the CC No.261/2018 is allowed ex parte with cost against the o.p. nos.1 & 2 and dismissed ex parte without cost against other o.ps. The o.p. nos.1 & 2 are jointly and/or severally directed to return the original title deed of the said flat to the complainant along with the payment of compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
