Date of Filing:       13.08.2018

                                                                                                                 Date of Disposal:  20.03.2020

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

THIRUVALLUR-1

PRESENT: THIRU.   J. JUSTIN DAVID., M.A., M.L.,                      .…. PRESIDENT

                  THIRU.  D.BABU VARADHARAJAN, B.Sc., B.L.,        ……MEMBER-II

CC No.41/2018

THIS FRIDAY THE 20^th  DAY OF MARCH 2020

V.Saravanan, Proprietor ,S/o.Viswanathan,

Tamil Nadu Chemicals Private Limited,

Office at: No.3, Manikandapuram,

Thirumullaivoyal,

Chennai -600 063.                                                                            ….. Complainant. 

                                                                        //Vs//

1.The Branch Manager,

    State Bank of India, SME Branch,

    Padi, Chennai – 600 050.

2.The Assistant General Manager,

    State Bank of India, Region-III, Chennai Zone -1,

    Administrative Unit NW-1

    6^th Floor, 86 Rajaji Salai,  Chennai – 600 086.                        ….Opposite party.                                      

This Complaint came up for final hearing before us on 04.03.2020. The opposite parties were set ex-parte and perused the complainant documents this forum delivered the following:

ORDER

PRONOUNCED BY THIRU.J.JUSTIN DAVID, PRESIDENT

This complaint has been preferred by the complainant Under Section 12 of the consumer protection Act, 1986 against the opposite parties for seeking direction to release the original property documents vide title deeds-1, Plot No-1 title deeds No.4937/27 September 2000 and title deeds – 2, plot No.12, title deeds No.124/19 January 1998 belongs to the complainant.

2.The brief averment in the complaint is as follows:-

The complainant has availed term loan from the 1^st opposite party’s Bank, Padi Branch vide term loan A/c.No.30091384757 and C.C.A/c.10107599247 – SMECC, Padi Branch, Code No.4032 against his original property documents. The complainant has successfully closed the term loan on June 2010 accounts with “NORMAL CLOSURE” but the 1^st opposite party has not released the original documents belongs to the complainant till date. According to the 1^st opposite party’s bank statement dated 10.06.2010 the complainant M/s.Tamilnadu Chemicals Industries located at No.3, Manikandapuram, Thirumullaivoyal Chennai-62 has cash credit, account No.10107599247 and TL general purpose SSI account No.30091384757 with the 1^st opposite party’s bank has been closed on 09.06.2010.  But even take it as presumption, the complainant has availed loan for another property on 2014 itself and it seems that, the complainant has closed that loan also in 2014 itself.  But now the 1^st opposite party bank has not released the original property documents belongs to the complainant even though it has been disclosed to the 2^nd opposite party bank also by way of the several remainders and representations and statutory legal notice etc., but still 2018 both the opposite parties bank have not come forward to release those original property documents immediately. But both the opposite parties bank shows the lesser interest in release of the complainant original property documents which caused mental agony and physical loss and also in business loss to the complainant due to the deficiency in service and unfair trade practice on the part of the opposite parties.  Hence this complaint.

3. On the side of the complainant, the complainant filed proof Affidavit in order to substantiate his case and Exhibit A1 to A8 were marked on his side. Written arguments filed and oral arguments also not adduced on the side of complainant.

4. At this juncture, the points for determination before this Forum is as follows:-

(1)Whether there is any deficiency in service on the side of the opposite parties as alleged in the complaint?

(2)Whether the opposite parties are liable to release title deeds-1, Plot No-1 title deeds No.4937/27 September 2000 and title deeds – 2, plot No.12, title deeds No.124/19 January 1998 to the complainant?

 (3) To what other reliefs, this complainant is entitled to?

5. Point No.1 & 2:-

The case of the complainant is that the complainant has availed term loan A/c.No.30091384757 and C.C.A/c.10107599247 – SMECC, Padi Branch, Code No.4032 against his original property documents and the complainant has closed the above said term loan account in the year 2010.  Further the complainant has also availed another loan and the same was closed on 2014 itself.  But the 1^st opposite party has not released the original property documents to the complainant and deficiency in service and also unfair trade practice.

6. The 1^st and 2^nd opposite party were set ex-parte on 29.10.2018 and thereafter on 19.11.2018 the 1^st opposite party filed a petition to set aside the ex-parte order and the petition was allowed by this Forum with the conditional order on 10.01.2019 to direct the 1^st opposite party to pay a sum of Rs.500/- (Rupees Five Hundred only) to the complainant on or before 31.01.2019. But the 1^st opposite party failed to comply with the conditional order and therefore on 01.02.2019 this Forum passed an order to dismiss the petition and therefore the 1^st and 2^nd opposite parties have not contested this complaint by filing written version.

7. The complainant filed Ex.A1 is loan sanctioned letter dated 05.10.2001 in the said letter the 1^st opposite party clearly stated that equitable mortgage of immovable properties of the complainant.  Ex.A2 is the certificate issued by STATE BANK OF INDIA, SIRUTHOZHIR AMBATUR, CHENNAI dated 10.06.2010 in which the Branch Manager clearly stated M/s.Tamil Nadu Chemical Industries located at 2, Manikandapuram, Tirumullaivoyal Chennai had cash credit account No.10107599247 and TL General Purpose SSI Account No.30091384757 were closed on 09.06.2010.  Ex.A3 is the copy of statement of account issued by STATE BANK OF INDIA, SIRUTHOZHIR AMBATUR CHENNAI it shows that the account No.10107599247 was closed. The complainant availed loan from the 1^st opposite party against his two properties and the complainant had been closed the loan account.  But the opposite parties failed to return the original title deeds to the complainant

8. In such circumstances the complainant has written a letter dated 23.02.2016 to the 2^nd opposite party to release those original title deeds regarding his properties which is marked as Ex.A4.  Thereafter the complainant through his counsel written several letters dated 20.04.2017, 14.07.2017 and 05.05.2018 through registered post to the 1^st opposite party to release the original property documents which are marked as Ex.A5 to Ex.A7 and the above notice were received by the opposite parties and to prove the same the complainant filed Ex.A8 series namely the acknowledgement cards. 

9. Moreover, The 1^st and 2^nd opposite party were set ex-parte and to set aside the ex-parte order on 19.11.2018 the 1^st opposite party filed a petition and the same was allowed by this Forum on conditional order but the 1^st opposite party failed to comply the conditional order. The 1^st and 2^nd opposite parties even after receipt of the notice neither have not sent any reply not return the original title deeds to the complainant.  The non appearance and non reply notice by the opposite party it can be clearly understand that the opposite party has no valid reason to rebut the claim of the complainant.

10.  It is the duty of the 1^st opposite party to return the original title deeds to the complainant immediately after closer of the loan accounts.  But the 1^st opposite party failed to do their duty.  The above attitude of the 1^st opposite party amounts to deficiency of service.  The 2^nd opposite party is superior of the 1^st opposite party who is also responsible for the deficiency of service committed by the 1^st opposite party.  Under these circumstances the 1^st and 2^ndopposite parties jointly and severally are liable for the deficiency of service and the opposite parties are liable to return the original title deeds to the complainant.  Thus the point No.1 &2 are answered accordingly.

11. Point No.3:-

In the result, this complaint is allowed. Accordingly, the 1^st and 2^nd opposite parties are jointly and severally directed to return the original title deed No.4937/27 regarding plot No.1 and title deed No.124/19 regarding Plot No.12 to the complainant within two months from the date of receipt of this copy of this order. 

Further the 1^st and 2^nd opposite parties are jointly and severally directed to pay a sum Rs.5,000/-(Rupees five thousand only) towards cost of this proceeding to the complainant.  The above amount shall be payable by the 1^st and 2^nd opposite parties within two months from the date of receipt of the copy of this order failing which, the said amount shall carry interest at the rate of 9% per annum till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the president and pronounced by us in the open forum of this 20^th day of March 2020.

      -Sd-                                                                                                                         -Sd-

MEMBER-II                                                                                                     PRESIDENT

List of document filed by the complainant:-

List of document filed by the opposite parties:-

Ex-party

       -Sd-                                                                                                                -Sd-

MEMBER-II                                                                                                    PRESIDENT