D.O.F:15/11/2022
D.O.O:11/09/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.278/2022
Dated this, the 11th day of September 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Titus Ignatious
Kappan’s Garden,
Nambiarkall Road,
Padnekad P.O, 671314 : Complainant
Kasaragod.
And
The Authorized Signatory
Canara Bank, Kanhangad Branch,
P.B.No.6, Damodar Building, : Opposite Party
Kanhangad – 671315.
(Adv. K. Sethumadhavan)
ORDER
SRI. KRISHNAN.K : PRESIDENT
The case of the complainant is that he is an account holder of Opposite Party bank. He availed three loans from the Opposite Party bank. He is very regular in payment. Inspite of re-payment of entire loan amount clearance certificate not issued to him by the bank. The relief sought in complaint is to renders proper service, to provide necessary documents with NOC to pay compensation of Rs. 1000/- as compensation and cost of the complaint.
The Opposite party bank filed written version denying all the allegations in the complaint. The opposite party admits that complainant is a customer of the bank. The complainant availed three loans Agricultural, housing and educational loan, educational loan is still pending, the agricultural loan of Rs. 1,00,000/- availed on 12/11/2013 and it was closed on 10/02/2015 for which no security is offered. The second loan for housing of Rs.12 lakhs availed on 21/06/2013 it was supported by mortgage of property the third loan was for educational purpose for which complainants wife’s property given as security. As per law the documents cannot be returned back without clearing the loans. As per law the documents will be returned as and when loans are cleared. The complainant is not entitled for any relief in the complaint and prayed the dismiss the complaint.
The complainant filed chief affidavit and cross examined as Pw1, Ext A1 to A5 documents marked from his side. opposite party filed Ext B1 document. Ext A1 reply notice by advocate , Ext A2 lawyer notice, Ext A3 certificate issued by bank, Ext A4 bank statement and Ext A5 invoice. Ext B1 is acknowledgment card.
Following points arised for consideration in the case:
- Whether there is a deficiency in service from Opposite Party?
- Whether complainant is entitled for any relief?
The complainant case is that he availed loans from opposite party bank and repaid the entire balance but Opposite party bank failed to provide NOC. Though complainant raised several allegations of general in nature they are all omnibus allegations without specifying or attributing negligence any specific point in the matter of deficiency in service of the bank.
The complainant admits that he availed three loans mortgage is also admitted. No dues are pending in agricultural loan, accordingly NOC issued. No case for complainant that other two loans are cleared. Bank is bound to return documents only after clearance of loan by way of only payment. There is no cause of action for filing the complaint. No specific case or allegations as case of deficiency in service or negligence or unfair trade activity on the part of the opposite party bank, Complainant is not entitled to any reliefs in the case. Hence relief claimed are rejected.
In the result complaint is dismissed without any costs.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Reply notice
A2- Lawyer notice
A3- Certificate issued by bank
A4- Bank Statement
A5- Invoice
B1- Acknowledgment Card.
Witness Examined
Pw1- Titus Ignatious
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Ps/ Assistant Registrar
