Delhi

North East

CC/61/2019

Sh. Dinesh Kumar - Complainant(s)

Versus

Punjab & Sind Bank - Opp.Party(s)

27 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.61/19

 

In the matter of:

 

 

	Shri Dinesh Kumar S/o Sh. Naresh Kumar R/o H.No. 493, G.T B Enclave, Delhi-110093	Complainant
	Versus
	Punjab & Sind Bank Through ITS Manager, Jyoti Colony, Shahdara, Delhi-110032	Opposite Party

 

 

DATE OF INSTITUTION: JUDGMENT RESERVED ON:                   DATE OF ORDER:

09.05.2019 17.01.2023 27.03.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

 

                                                                 ORDER

     Anil Kumar Bamba, Member

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

 

Case of the Complainant

1. The case of the Complainant as revealed from the record is that the Complainant had applied the home loan of Rs. 13,00,000/- in the year 2011 from the Opposite Party vide account no. 07831200000147 and the same had been sanctioned by the Opposite Party. At the time of sanction the loan, the Opposite Party had obtained the signatures of the Complainant on the blank as well as written/printed papers and the Opposite party had not given the time to the Complainant to read over the contents of the agreement executed between the parties. The Opposite Party had directed the Complainant to repay the loan in 84 EMIs of Rs. 18,000/- each. The Complainant repaid the loan within time. The Complainant requested the Opposite Party to provide the NOC and return the original documents of the property bearing No. 493, Janta Flats, GTB Enclave, Delhi-110093 but till date neither the Opposite Party provided the NOC nor return the original documents of property. The Complainant sent a legal notice dated 18.12.2018 to the Opposite Party through speed post and the same was duly served to Opposite Party but Opposite Party neither complied nor replied the same. After that the Counsel for the Opposite Party sent the legal notice dated 03.01.2019 to the Complainant. The Complainant gave the reply of the notice through his Counsel dated 29.01.2019. After receiving the reply of the notice, the Counsel for the Opposite Party withdrew his notice on 08.02.2019. After withdrawing the notice by the Opposite Party, the Complainant numbers of time visited the Opposite Party and requested to issue NOC and return the original documents of the property but the Opposite Party neither issued NOC nor returned the original documents to the Complainant. The Complainant has prayed to direct the Opposite Party to issue the NOC and return the original documents of property. The Complainant has also prayed to direct the Opposite Party to pay a sum of Rs. 1,00,000/- as compensation for the loss and inconvenience suffered by the complainant.
2. None has appeared on behalf of Opposite Party to contest the case. Therefore, Opposite Party was proceeded against ex-parte vide order dated 26.09.2019.

Ex-parte evidence of the Complainant

3. The Complainant in support of his complaint filed his affidavit wherein he has supported the averments made in the complaint.

Arguments & Conclusion

4. We have heard the Complainant and we have also perused the file.  The averments made by the Complainant in the complaint are supported by his affidavit and documents filed by him. The Opposite Party did not appear and did not file any written statement. Therefore, the averments made in the complaint are to be believed.
5. In view of the above discussion, the complaint is allowed. Opposite Party is directed to issue the NOC with respect to loan account no. 07831200000147 and return the original documents of property of Complainant bearing No. 493, Janta Flats, GTB Enclave, Delhi -110093 within one month from the date of receipt of this order. Opposite Party is also directed to pay an amount of Rs. 50,000/- to the Complainant on account of mental harassment and litigation expenses along with interest @ 6 % p.a. from the date of this order till recovery.
6. Order announced on 27.03.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President