Orissa

Rayagada

CC/24/2014

Doki Ramanendra Patra, - Complainant(s)

Versus

State Bank Of India (ADB) - Opp.Party(s)

KCH G.S Kumudan

20 Apr 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 24 / 2014.                                              Date.    20    .     4  . 2018

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                       Preident.

Sri  GadadharaSahu,                                                                       Member.

Smt. Padmalaya  Mishra,                                                              Member.

 

Doki Ramanendra Patra,  S/O: Late D.K.B.Patra,  Priavate Service, Under Sri Vinayaka Engineering  Works, New Colony,         Dist:Rayagada  (Odisha)                                                                                                                          …. Complainant.

Versus.

1.The Manager, State Bank of India, (ADB), Rayagada.                     .…..Opp.Parties

Counsel for the parties:                         

For the complainant: - Sri G.S.R.Choudhury, Advocate, Rayagada.

For the O.Ps    :- Sri K.Ch.G.S.Kumandan, Advocate, Rayagada.

.

JUDGMENT

                The  curx of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for  non return of original registered sale deed and  power of attorney mortgaged with the O.P. towards availing loan  for which  the complainant  sought for redressal of the grievances raised by the complainant. The brief facts of the case  has summarised here under.

            On being noticed the O.Ps appeared through their learned counsel and filed written version refuting allegation made against them.  The O.Ps taking one and another pleas in the written version   sought to dismiss the complaint as it is not maintainable  under the C.P. Act, 1986. The facts which are not specifically admitted may be treated  as denial of the O.Ps. Hence the O.Ps  prays the forum to dismiss the case against  them  to meet the ends of justice.

  Heard arguments from the learned counsel for the    O.Ps and from the complainant.    Perused the record, documents, written version  filed by the parties. 

This forum  examined the entire material on record  and given  a thoughtful consideration  to the  arguments  advanced  before us by  the  parties touching the points both on the facts  as well as on  law.

                                                         FINDINGS.

On perusal of the record it is revealed that there is no dispute that the   Sale deed No.  767/1973 Dtd.  12.8.1973 and Patta relating to  the house property  stands recorded in favour of Sri  D.Ramesh Chandra Patra, eleder brother of the complainant. The above documents was   mortgaged  by the complainant under the G.P.A in the bank towards   C.C. loan to Sri Jagannath  & Co. vide loan account No. 30338092951.  

The O.P. in their written version para-2 contended that Sri  D.Ramesh Chandra Patra, eleder brother of the complainant approached the bank for return of the title deeds and alleged that the G.P.A was forged one and not registered document inter alia he was not given any consent for preparation of G.P.A.

The O.P. further submitted that  he is ready to deliver the above documents as per the order of the forum.

Further Sri  D. Ramesh Chandra Patra, eleder brother of the complainant has filed an affidavit sworn before the Notary public, Rayagada  submitted that the Sale deed No. 767/1973 Dt. 12.8.1973 is in his name and it was purchased during minority.  The ROR, holding tax receipts and other documents in respect of the said house stands recorded in  his name. The complainant had created a G.P.A fraudulently and mortgaged the said property to the  bank without my consent. The complainant was also filed  a Civil suit before the Civil Judge (Sr.Division) bearing I.A. No. 5 of 2014 Arising out of  C.S. No. 5/2013 against his eleder brother Sri D.Ramesh Chandra Patra  where in the Civil court has   also dismissed the above case  (copies of the judgement is in the file marked as Annexure-I).

Again  this forum observed holding tax was also deposited by the eleder brother of  the complainant in turn the  Rayagada Municipality  was issued receipt  in favour of Sri D. Ramesh Chandra patra bearing holding No. 8/184 deposit receipt No. 50 Dt. 1.4.2014 (copies  of the same in the file marked as Annexure-2). Further Khatiyan No.50/807 which  is in the name of Sri  D. Ramesh Chandra patra also is  in the file marked as Annexure-3).

So, on scrutinizing the documentary evidence available on the record, it is clear that the complainant has no prima facie case. After analyzing the materials on record, it is clear that the complainant failed to prove that he has got a prima facie case and balance of convenience leans in his favour.

We are completely agreed with views taken  and the documents filed by the O.Ps in  the present case. Hence  this forum  feel the complainant is not entitled any  relief from this forum and   liable to be dismissed. To meet the ends of justice the following order is passed.

ORDER.

In  resultant the complaint petition stands  dismissed. Parties are left to bear their own cost.    Accordingly the case  is disposed of.

The O.P. is directed to release the original document  in favour of Sri  Doki Ramesh Chandra Patra, Eleder brother of the complainant  observing bank formalities.

Dictated and corrected by me               Pronounced on this        20  ^th.   Day of   April,  2018.

 

Member.                                             Member.                                                             President