The fact of the case of the complainant in a nutshell is that the petitioner’s father namely Harimohan Dey took loan of Rs.2.0 lakhs from OP’s Bank ( i.e . Op no.1) after depositing original deeds relating to his property in the year and other security. The further case of the complainant is that after demise of his father Harimohan Dey the said loan A/c became NPA & Opp. Bank authority filed a Certificate case vide no.167/NG/Bank/05-06 before the Certificate officer, Hooghly at Chinsurah. That on 13.5.2002 the Bank authority sent a letter to the petitioner demanding Rs.2,54,089 and thereafter demanding Rs.2,98,638/-. The complainant as per direction of the Certificate officer paid Rs.2,99,381/- to the oP Bank on different dates. The complainant thereafter demanded N.O.C in favour of this petitioner on the said loan and requested the OP no.1 to return the original security deposited deeds but the Op did not return the said documents to the complainant yet. Hence, this complaint.

            The Opposite party no.1  contested the case by filing Written version denying inter alia all material allegations. The positive case of the Opposite party no.1 is that after institution of certificate case vide case no.167/NG/Bank/2005-06 the Ld. Court of Certificate officer settled the case on 18.4.2007 in presence of both representative of the OP bank and the certificate debtor , the present petitioner. The Ld. Court of certificate officer was directed to the present petitioner to deposit Rs.2,98,638/- in connection with said certificate case. The petitioner deposited the amount of Rs.2,98,638/- to the OP No.1 bank. But as per the Bank’s statement they are entitled to get a further amount from the petitioner and if the petitioner pay the said amount they are bound to return the documents as prayed by the complainant. Lastly, the Op/Bank prays for dismissal of the case.

            Complainant filed copy of Advocates’ notice addressed to S.B.I, Tribeni, photo copy of paying slips, photo copy of Memorandum of securities and order sheet. Complainant also filed Evidence in chief and W.N.A. Op on the other hand filed Statement of accounts vide A/c no.10266792781 , evidence in chief and W.N.A.

POINTS FOR DECISION :

1)Whether the complainant is a consumer ?                                              

2)Whether there is any deficiency in service on the part of the oP ?                                               

3)Whether the complainant/petitioner is entitled to get relief as prayed for ?

DECISION WITH REASONS :

            All the points are taken together for easiness of discussion.

            It is admitted fact that the father of the complainant took the loan from the bank of Op no.1 . In connection with that loan one certificate was instituted by the Bank. The order sheet of the Certificate case itself shows that the Certificate officer empowered in this respect passed order on 18.4.2007. It was settled that complainant shall pay Rs.2,98,638/-. The Ld. Certificate officer also made mode of payment in the order. Op admitted that the complainant paid the said amount. But now raising the claim of interest. But in the order sheet there is no mention of such order. This forum and the any other law cannot go outside the order of the Certificate officer . Accordingly, the claim if any of the Op regarding the loan amount as per their averment is out of record and illegal beyond the purview of the order. As the complainant has fully complied the order of the Certificate

officer the complainant is entitled to get relief as per prayer embodied in the complaint case before us. We have gone through the W.N.A of both sides and the order sheet of the Certificate officer.

            So after deliberation over the matter we are of opinion that the complainant’s case succeeds.  Hence it is –

                                                            Ordered

            That the CC Case no. 11 of 2016 be and the same is allowed on contest. The Op no.1 is directed to issue NOC certificate in respect of the Loan account vide no.10266792781 in favour of the complainant. The Op no.1 is also directed to return back the Original security deposited deeds in favour of this petitioner. The Op no. 1 is further directed to pay Rs.10,000/- to the complainant /petitioner towards compensation and litigation cost.

            The Op no.1 will comply the above order within 30 days from the date of this order i.d. Rs.200/- per day  will be imposed upon the op no.1/Bank and that amount shall be deposited in the Consumer Legal Aid Fund till full compliance of order.