BEFORE THE DISTRICT FORUM: KURNOOL
Present: Sri. T.Sundara Ramaiah, B.Com B.L., President
And
Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member
And
Smt. S.Nazeerunnisa, B.A., B.L., Lady Member
Thursday the 5th day of January, 2012
C.C.No.149/2011
Between:
S.Zakeer Ahmed,S/o S.Shail Miah, Advocate,
Resident of D.No.36/185, Chittari Street, Kurnool - 518 002.
…Complainant
-Vs-
State Bank of India, Bhdhwarper Branch,
Represented by its Branch Manager, D.No.46/96, Kurnool - 518 002.
...Opposite ParTy
This complaint is coming on this day for orders in the presence of Sri Syed Shafaqath Hussain, Advocate for complainant and opposite party called absent and upon perusing the material papers on record, the Forum made the following.
ORDER
(As per Sri. T.Sundara Ramaiah, President)
C.C. No.149/2011
1. This complaint is filed under section 12 of C. P. Act, 1986 praying:-
- To direct the opposite party to issue No Due Certificate to the complainant, to return his original documents relating to his plots bearing Nos.144 and 145 in Sy.No.305/A of Pasupala Village in regarding document No.6795/1996 and also to pay Rs.1,00,000/- (Rupees One Lakh only) towards compensation for mental agony suffered by the complainant on account of deficiency of service and also to pay the costs of this complainant and grant such other relief or reliefs as the Honourable Forum may deem fit and proper in the circumstances of the case.
2. The case of the complainant in brief is as under:- The complainant availed personal loan of Rs.90,000/- from opposite party Bank on 13-05-2004 by depositing his original property documents. The complainant could not pay the loan amount regularly as his office was badly damaged in the floods in October, 2009. There was out standing balance amount of Rs.50,199.78Ps. as on 02-06-2011. The complainant paid the outstanding amount to the opposite party Bank as per the compromise. There after on 20-09-2011 the complainant made an application to the opposite party Bank to issue him No Due Certificate and to return the original property documents. The opposite party did not comply the same. The complainant also got issued legal notice dated 13-10-2011 calling upon the opposite party to issue No Due Certificate and return the property documents. The opposite party having received the said notice did not choose to any reply. Hence the complaint.
3. Opposite party called absent and set exparte.
4. On behalf of the complainant Ex.A1 to A6 are marked and sworn affidavit of the complainant is filed.
5. Complainant filed written arguments.
6. Now the points that arise for consideration are:
- Whether there is deficiency of service on the part of Opposite Party?
- Whether the complainant is entitled for the reliefs as prayed for?
- To what relief?
7. POINTS i and ii:- It is the case of the complainant that he availed personal loan of Rs.90,000/- from the opposite party Bank by depositing his original property documents. Ex.A1 is the statement of account. As seen from Ex.A1 it is very clear that the complainant availed loan and became due an amount of Rs.50,199.78Ps. by 23-03-2011. It is also the case of the complainant that he paid the said amount to the opposite party Bank under Ex.A2, Ex.A3 and Ex.A4. As seen from Ex.A2 to Ex.A4 it is very clear that the complainant paid Rs.50,200/- in account No.10289790196. It is further case of the complainant that after clearing loan due to the bank, he requested the bank official to return the property documents and that the opposite party bank failed to return the same. Ex.A5 is the legal notice issued by the complainant. The opposite party Bank received the original of Ex.A5 notice, but did not choose to give any reply. The opposite party bank has not come forward to contest the case. As seen from the evidence on record it is very clear that the opposite party Bank negligently refused to return the property documents to the complainant. There is deficiency of service on the part of the opposite party Bank.
8. In the result, the complaint is partly allowed directing the opposite party Bank to issue No Due Certificate to the complainant and also to return the original document No.6795/1996 to the complainant within one month from the date of the order. In the circumstances of the case both parties to bear their own costs.
Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 5th day of January, 2012.
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
APPENDIX OF EVIDENCE
Witnesses Examined
For the complainant : Nil For the opposite party : Nill
List of exhibits marked for the complainant:-
Ex.A1 Statement of Account No.10289790196 of the
complainant issued by opposite party
dated 23-03-2011.
Ex.A2. Counter foil of Pay in slip for payment of Rs.45,000/-
dated 25-03-2011.
Ex.A3 Counter foil of Pay in slip for payment of Rs.5,000/-
dated 02-04-2011.
Ex.A4 Counter foil of Pay in slip for payment of Rs.200/-
dated 08-09-2011.
Ex.A5 Office copy of Legal Notice dated 11-10-2011.
Ex.A6 Postal Receipt and Acknowledgement.
List of exhibits marked for the opposite party:- Nill
Sd/- Sd/- Sd/-
MALE MEMBER PRESIDENT LADY MEMBER
// Certified free copy communicated under Rule 4 (10) of the
A.P.S.C.D.R.C. Rules, 1987//
Copy to:-
Complainant and Opposite parties :
Copy was made ready on :
Copy was dispatched on :
