Haryana

Ambala

CC/264/2011

VIJIT VERMA - Complainant(s)

Versus

SBI - Opp.Party(s)

VIVEK SACHDEVA

28 Feb 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AMBALA

 

                                                          Complaint case no.        : 264 of 2011

                                                           Date of Institution         : 19.08.2011

                                                           Date of decision             : 28.02.2017

          Vijit Verma age 43 years son of Sh. Lt. Sh. Om Parkash Verma resident of       house No. 6414, Jain Bazar, Ambala City.  

……. Complainant.

          State Bank of India, RASMECCC Ambala located at Ambala City Main Branch, Distt. Court complex, Ambala City, through its Manager.

 ….…. Respondents.

 

BEFORE:   SH. D.N. ARORA, PRESIDENT

                   SH. PUSHPENDER KUMAR, MEMBER                           

 

Present:       Sh. Vivek Sachdeva, counsel for complainant.

                   Sh. H.S. Garg, counsel for OPs.

 

ORDER:

                   In nutshell, brief facts of the present complaint is that the complainant is the permanent resident of house No. 6414, Jain Bazar, Ambala City and he raised a single housing loan of Rs. 10.00lac vide account No. 10488147761. The complainant repaid the entire loan amount on 12.11.2009 and the Op issued no due certificate on that date in favour of the complainant. Further submitted that at the time of advancing loan amount, the OP got deposited conveyance deed and some other documents from the complainant which are still in the custody of the OP and despite repeated requests and visits of the complainant, the OP have failed to release the original title deed/conveyance and other documents. On enquiry conducted by the complainant at his own level, he came to know that the OP got published three accounts in the name of the complainant in CIBIL (Credit Information Bureau (India)) limited, bearing loan account No. 10488147761, 10488147761 and 01593012594, whereas the complainant availed only a single house loan bearing account No. 10488147761 and then the complainant applied for issue of certificate which he received from the Op vide certificate dated 27.06.2011. Further submitted that it is a clear case of great deficiency in service on the part of OP as well as unfair trade practice on the part of OP, the complainant has to suffer great mental tension, torture, harassment a well as economic loss, whereas the complainant cleared the loan account on 12.11.2009 as per the certificates issued by the Op and the Op was duty bound to get cleared the reports on CIBIL and to get deleted the said entries as the consumer is not aware of any such entries. Further submitted that the OP was also duty bound to release the original title deed/conveyance deed and other relevant documents got deposited from the complainant but the OP after getting deposited its loan amount from the complainant forgotten its moral duties and it seems that the Op is only concerning with its concerning with their other duties of caring the interest of its consumer. Further submitted that the complainant got the OP served with a legal notice dated 27.07.2011, but to the utter surprise of the complainant, when he received a reply dated 03.08.2011 in which OP stated that original title deed has already been released to the complainant vide its receipt dated 21.11.2009  and in reply to getting published three loan accounts in CIBL instead of single loan account, the present Assistant Manager(SARC) is alleging that the same has been done due to migration, whereas vide its letter dated 27.06.2011, the same was told to be done due to technical problems. Thus, the stand of the OP is totally contrary and it seems that this all has been done with mala-fide intention and despite repeated requests and demands of the complainant, the same has not been removed/cleared.

2.                Upon notice, OP appeared and filed written statement submitting that the complainant is not a consumer as is evident from the perusal of complaint and after the closing of account with SBI, no dues certificate had been issued and title deed which was equitably mortgaged had been returned. Further submitted that original title deed of H.No.-468, Sector-7, Ambala  City was deposited by the complainant with the SBI at the time of advancement of the loan. However, after the account was closed, the said title deed had been returned on 21th November 2009 against a duly executed receipt. Therefore, it is incorrect that some documents are still in the custody of the Bank. During the currency of the loan with the OP, the conduct of complainant was errant and he had not adhered to the financial discipline of the Bank, as a result of which the account of the complainant was declared NPA (Non-Performing Asset). Further submitted that the silence on the part of the complainant for such a longtime from 21.11.2009 till 27.07.2011                 (the date of legal notice) also speaks volumes about the baseless stand of the complainant. Thus, in the light of these submissions it is clear that there is no opportunity to write letter dated 23.11.2009 to Sh. Deepak Sharma. The said communication, if any, is a privileged one. The complainant is nobody to peep into the internal correspondence of the Op with its employees or other empanelled advocate etc. These are confidential communications with legal advisors.

3                 To prove his version complainant tendered his affidavit as Annexure C-X along with documents as annexure C-1 to C-8 and close his evidence. On the other hand, counsel for the Ops has also tendered affidavit as Annexure R-X alongwith documents as Annexure R-1 and R-2 and close his evidence.

4.                We have heard counsel for the parties and carefully gone through the file. The OP had placed copy of receipt allegedly given by the complainant on 21.11.2009 wherein it is mentioned that complainant had received the title deed. This Forum cannot decide the fact that whether receipt is genuine or fabricated, it requires expert evidence which has not been placed by either of the parties. This Forum has also perused the copy of plaint, copy of order dated 19.12.2009, copy of order 29.07.2009, copy of statement Deepak Sharma, Advocate, Photostat of sale deed and particular documents which was attached in the Recovery Suit No. CS. 91/13-309 titled as SBI Vs. Vijit Verma placed on the file by counsels for both the parties which clearly shows that the Op have not placed the original title deed in the said Recovery Suit. The letter dated 23.11.2009 written by bank to their counsel to get the sale deed withdrawn from the Civil Suit is of no avail.  In these circumstance, this Forum, cannot direct the OP to return the sale deed. However, if the complainant feels that the receipt dated 21.11.2009 as Annexure R-2 produced by the bank is forged & fabricated then he is at liberty to take up the matter before Civil Court & can also file the criminal complaint if so advised as per the law against OP or other officers those have prepare the report. So for regarding the prayer for to get removed clear the three entries got published in the CIBIL against the name of Vijit Verma when the above said mistake came in the notice of the OP, the Bank has took up the matter with the CIBIL and same was rectified by the CIBIL on 27.06.2011 before filing of the complaint. Hence, the above said grievance has already been readdressed by the bank.

5.                In view of these circumstances, the present complaint is dismissed with no order as to costs. Copy of the order be sent to the parties concerned, free of costs, as per rules. File after due compliance be consigned to record room.

Announced on :28.02.2017                                            Sd/-

                                                                             (D.N. ARORA)

                                                                                       President

 

                          Sd/-

     (PUSHPENDER KUMAR)

                                                                                       Member