West Bengal

Bankura

CC/44/2018

Sri Gopal Mukherjee - Complainant(s)

Versus

Sr. Branch Manager, Central Bank of India - Opp.Party(s)

Mahinuddin Ahammed

28 Feb 2024

ORDER

   IN    THE   DISTRICT   CONSUMER   DISPUTES   REDRESSAL COMMISSION, BANKURA 

  Consumer Complaint No. 44/2018

                                                    Date of Filing: 23/07/2018                                              

Before:                                        

1. Samiran Dutta                            Ld. President.      

2. Siddhartha Sankar Bhui            Ld. Member. 

 

For the Complainant:  Ld. Advocate Mahiuddin Ahmed

For the O.P. : None

 

Complainant

 Sri Gopal Mukherjee, s/o Late Nemai Mukherjee, r/o Vill. Murrah, Bankura       

Opposite Party

1.Sr. Branch Manager, Central Bank of India, Bankura Br., Machantala, Bankura

2.Sri Ganesh Ch. Mukherjee since deceased substituted by 2(a)Smt. Sabita Mukherjee (wife) & 2(b) Sri Biswajit Mukherjee (son)  at Murrah, Bankura

 

FINAL ORDER / JUDGEMENT

Order No.50

Dated: 28-02-2024

Complainant files hazira through Advocate.

No step is taken by the O.P. nor any written version is filed.

The case is taken up for Ex-parte hearing.

The Complainant’s case is that he along with his  brother Sri Ganesh Chandra Mukherjee, Proforma O.P. since deceased substituted by his legal heirs stood as Guarantors of loan vide Loan A/c No.1348049909, dt.01/03/2004 of Das Enterprise, Patpur, Tamli Bandh, Bankura with O.P./Bank by deposit of Original Sale Deed No. being 1681, dt.26/02/1980 standing in their Joint names. Though No Dues Certificate has been issued by O.P./Bank with regard to the aforesaid loan A/c.  but the Original Deed as above has not yet been returned to the Complainant despite service of letter dated: 09/02/2018 upon O.P./Bank for the same. Hence this case.

O.P./Bank has not turned up to contest the case by filing any written version.        

                                                                                                                                                                                       Contd……p/2

Page: 2

At the time of hearing Ld. Advocate for the Complainant could not produce any receipt under which the above mentioned Sale Deed has been deposited with the O.P./Bank in connection with the loan transaction. The Letter dated: 09/02/2018, written by the Complainant to the O.P./Bank, which is on record with the request for return of the Original Deed lying in the custody of the O.P./Bank cannot be treated as an evidence of receipt of retention of Original Deed in question by the O.P./Bank unless the O.P./Bank Authority ratifies the same by any sort of correspondence or acknowledgement. Without proof of the existence of the Original Deed in question lying in the custody of the O.P./Bank the Commission as such cannot pass any order in the matter though the Complainant is entitled thereof in view of the clearance of Loan A/c followed by issuance of No Dues Certificate which is on record.

With this observation the case is disposed of Ex-parte accordingly.

After ascertaining the existence of the Original Deed in question if any from O.P./Bank preferably under R.T.I. Act, 2005 the Complainant may further seek redressal of appropriate relief from this Commission.

Both parties be supplied copy of this order free of cost.

 

 ____________________                _________________         

HON’BLE   PRESIDENT          HON’BLE MEMBER