Haryana

Ambala

CC/88/2022

Sudesh Kapoor - Complainant(s)

Versus

The BM SBI - Opp.Party(s)

Ankush Gupta

18 Jun 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

Complaint case no.	:	88 of 2022
Date of Institution	:	15.03.2022
Date of decision	:	18.06.2024

Sudesh Kapoor (Aged 72 years) Son of Parma Nand R/o H.no.1779/5, Khatarwara, Ambala City.

……. Complainant

Versus

1. The Branch Manager, State Bank of India, Model Town, Ambala City.
2. The Branch Manager, State Bank of India, Brach Small and Medium Enterprises Centre, 102 Prem Nagar, Ambala City.

 

….…. Opposite parties

Before:         Smt. Neena Sandhu, President.

                      Smt. Ruby Sharma, Member,

           Shri Vinod Kumar Sharma, Member.           

 

Present:        Shri Ankush Gupta, Advocate, counsel for the complainant.

                     Shri Kuldeep Kumar, Advocate, counsel for the OPs.

Order:        Smt. Neena Sandhu, President.

                   Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To handover the sale deeds handed over by the complainant and in case the OPs are unable to handover the sale deeds then to comply the procedure as per the law.
2. To pay all the expenses for making a fresh title documents/ Deeds and to pay compensation to the complainant on the loss/ damage caused by them, for non handing over the sale deeds till date.
3. To pay Rs.5 lacs as compensation for mental agony and harassment.
4. OR

Grant any other relief which the Hon'ble Commission may deems fit.

 

2.             Brief facts of the case are that the complainant and his wife being the proprietor of M/s Satguru Handicraft are the Senior Citizen, availed a term Loan in the year 2003 vide Account No.10026265793 in the name M/s Satguru Handicraft which was operated by its Proprietor- Kamlesh Kapoor (Wife of the complainant). At the time of availing term loan from the OP No.1 the complainant turned mortgagor cum guarantor in the loan account and deposited three title deeds under the Equitable mortgage with respect to the property bearing H.No.1778/4140 and plot no.22 measuring 259 Sq. Yds comprising Khasra No. 2//12/2 (0-9) situated in Mauja Durga Nagar vide bearing Deed No. 5266 dated 27.02.1981 Regd before the sub registrar Ambala and Plot no.23 measuring area 259 Sq. Yds comprised in Khasra no. 2//12/3(0-9) situated in Mouja Durga Nagar Ambala city which was in the name Surinder Kumar Malhotra and another title Deed of plot No.23 Measuring 259 Sq. Yds vide Sale Deed no.5267 Dated 27.02.1981 in the name of Sudesh Kapoor.
3.           The loan was repaid as per the agreement in the year 2009 and nothing was kept pending under the loan account. On the clearance of the loan amount the complainant and his wife requested the OPs to release the title Deeds to the complainant as deposited to them but the same was kept pending for non-traceable of the title deeds from the record of the OPs. However, No Due Certificate was also obtained from the OPs on 31.03.2015 by the complainant and his wife-Kamlesh. The complainant visited number of times to the OPs for the return of the said title deeds since 2009 but to no avail. The complainant on 02.09.2019 again approached OP No.1 and demanded the title deeds, as he required the same for availing the loan facility for their family and the other branch refused to give loan against the property without original title Deeds. OP No.1 advice the complainant to visit OP No.2. The complainant visited OP No.2 and gave an application dated 02.09.2019 regarding the return of the said title deeds. OP No.2 replied against letter dated 02.09.2019 to the effect that the title deeds were lost at the end of OP No.1. Thereafter in the month of November 2019, the complainant deposited the said letter with the OPs and thereafter visited number of times to resolve the matter in question but all is vain. Thereafter, in the year 2020 due to the Pandemic Covid-19 and national wide lockdown the complainant was unable to approach the OPs and now when he again approached the OPs in the matter, they refused to accede genuine request of the complainant. Hence this complaint.
4.           Upon notice, the OPs appeared and filed written version wherein they raised preliminary objections to the effect that this complaint is not maintainable; the complaint involves complicated questions of fact and law which cannot be decided by this Commission; this complaint is barred by limitation; the complainant has distorted the facts and concealed material information; the complainant has no cause of action against the OPs; the complaint is bad for non-joinder of the parties etc. On merits, it has been stated that at the time of availing the loan facility by M/s Satguru Handicraft, the complainant never turned mortgagor-cum-guarantor and also did not ever deposited any of the alleged Title Deeds under equitable mortgage of the said property. It was an unsecured loan. As no such alleged title deeds were ever deposited by the complainant at any point of time therefore the question of any request for the release of any title deed to the complainant or his wife could never arise. However, the factum of issuance of No Dues Certificate on 31-03-2015 is a matter of record. The complainant never visited the branch for the return of the alleged title deeds. In para no. 1 of the complaint, the complainant is alleging that he had deposited three title deeds with the OPs whereas at the same time, in other paragraphs, he is alleging that he requested to return both the title deeds and as such, this fact itself shows that the complainant is leveling false allegations against the OPs. Rest of the averments of the complainant were denied by the OPs and prayed for dismissal of the present complaint with exemplary costs.
5.           Learned counsel for the complainant tendered affidavit of complainant as Annexure CW/A alongwith documents as Annexure C-1 to C-5 and closed the evidence on behalf of the complainant. Learned counsel for the OPs tendered affidavit of Aatish Sachdeva, Branch Manager of OPs-State Bank of India, Model Town Branch, Ambala City as Annexure RW-1/A alongwith documents Annexure R-1 and R-2 and closed the evidence on behalf of the OPs.
6.           We have heard the learned counsel for the parties and have carefully gone through the case file.
7.           Learned counsel for the complainant submitted that by not returning the title deeds of the properties in question despite the fact that the entire loan stood repaid, the OPs are deficient in providing service and adopted unfair trade practice.
8.           On the other hand, learned counsel for the OPs while reiterating the objections and contentions raised in the written version submitted that the complainant never turned mortgagor-cum-guarantor and also did not ever  deposited any of the alleged Title Deed under equitable mortgage with respect to any alleged property. He further submitted that it was an unsecured loan and as such, alleged title deeds were never deposited by the complainant at any point of time therefore the question of any request for the release of any title deed did not arise.
9.           The plea of the complainant is that the titled deeds were lost at the end of the OP No.1 to corroborate this fact, he has placed reliance on the letter dated 02.09.2019, Annexure C-1, issued by Parkash Chand, chief Manager, State Bank of India, Model Town, Ambala City. On the other hand, in rebuttal the OPs have placed on record the affidavit of the said Parkash Chand, dated 11.12.2023, Annexure R-1, wherein he deposed that he remained posted as chief Manager, State Bank of India, Model Town, Ambala City, from 24.11.2013 to 31.03.2017 and retired on 31.03.2017. He never issued any alleged letter 02.09.2019 to any person.  OPs have also placed on record his Retirement Certificate, Annexure R-2 from which it is clearly established that the said Parkash Chand has retired from the OPs Bank as Chief Manager on 31.03.2017 i.e. much before issuance of the said letter dated 02.09.2019, Annexure C-1. As such, no reliance can be placed on the letter dated 02.09.2019. It may be stated here that this contention of the OPs that the subject loan was unsecured loan and the complainant never deposited any titled deeds with the OPs has not been controverted by the complainant by placing on record any cogent and convincing evidence. As such, it can easily be said that the complainant has failed to prove that he deposited the alleged titled deeds with the OPs.  Even we find force, in the contention of the learned counsel for the OPs that the complaint filed by the complainant is barred by limitation because it is the own case of the complainant that the entire loan amount stood repaid to the OPs in the year 2009, he and his wife have been requesting the OPs since then to release the said title deeds but they failed to do so. It is further the own case of the complainant that NO DUE CERTIFICATE has been obtained on 31.03.2015 from the OPs yet the title deeds have still not been released to him. Thus, in our considered opinion, the cause of action has arisen to the complainant in the year 2009 itself or at the most in the year March 2015, when the NDC stood released by the OPs. However, the complainant has miserably failed to convince this Commission, as to why, there was such a huge delay of more than 12 years from 2009 or at the most more than 6 years in filing this complaint before this Commission, qua the said alleged title deeds.
10.           In the peculiar facts and circumstances of this case, we are of the view that the complaint filed by the complainant is not only liable to be dismissed on merits but also on the ground of limitation. Consequently, we dismiss the same. The parties are left to bear their own costs.  Certified copy of this order be supplied to the parties concerned, forthwith, free of cost as permissible under Rules. File be indexed and consigned to the Record Room.

Announced:- 18.06.2024

 

(Vinod Kumar Sharma)	(Ruby Sharma)	(Neena Sandhu)
Member	Member	President