Samaresh Kumar Mitra,  Presiding Member.

This case has been filed U/s.12 of the Consumer Protection Act, 1986 by the complainant, that the complainants took one House Building Loan on 26/02/2003 amounting to Rs.3,00,000/- (Rupees Three Lakhs only) from the Opposite Parties, ICICI Bank from Chandannagar, Hooghly Branch and the Opposite Party Bank sanctioned the Loan amount to the complainants by opening a loan account vide no. LBCAL00000368887 and the complainants also state that they already completed the payment of installment of 180 months @Rs.3,178/- as it was agreed by and between the parties and the complainants also state that opposite parties/Bank have claimed 279 months instead of 179 months.

            The complainants also state that owing to default of payment of installments the complainants has also paid Rs.12,000/-. The opposite parties/Bank has taken payment of the aforesaid installments from the account of the complainants through ECS method wherefrom it is detected that in different phases the opposite parties/Bank adjusted the EMIs in different figure viz. installments of Rs.3,554/-,  Rs.3,949/-,Rs.3,462/-, Rs.3,303/-, Rs.3,382/- and Rs.3,494/- and the complainants also state that they had to pay a total amount (Principal + Interest) of Rs.5,72,040/- (Rupees five lakhs seventy two thousand forty) only (180 months X Rs.3,178/-) and the complainant have paid the EMIs in regular basis. On the other hand these complainants also paid lump sum amount time to time when the opposite parties/Bank demanded from the complainants.

            The complainants state that they already paid Rs. 6,20,450/- in respect of House Building Loan taken from the opposite parties/Bank but the opposite parties/Bank did not give any ‘no dues’ certificate to the complainants in spite of repeated requests.      

            The complainants also state that cause of action of the present case arose on 05/04/2018 when after repayment of outstanding of the loan in full, the opposite parties/Bank did not acknowledge the same.  That further cause of action arose on 18/07/20019, 02/10/2019, 18/11/2019 and 16/12/2019 when the complainants send four demand notices upon the opposite parties/Bank and that further cause of action arose on 05/12/2019, 11/12/2019 and 03/01/2020 when after elapsing 15 days of receipt of the notices, the opposite parties/Bank did not bother to reply the notices and/or fulfilled the demands of the complainants mentioned in those demand notices.
            Complainants filed the complaint petition praying directions upon the opposite party to pay sum of Rs.5,00,000/- (Rupees Five Lac only) in favor of the complainants and also to issue ‘no- dues’ certificate in respect of the Loan account no. LBCAL00000368887 and to return the original Title Deed being no. 01616 of 2006 (specifically mentioned in the schedule) presently lying with the opposite parties/Bank.

           Despite receiving notice opposite party did not turn up and also failed to file written version so the proceeding run ex-parte against the opposite party.

Complainants filed evidence on affidavit & written notes of Argument which are taken into consideration for passing final order.

 Heard the Ld. Advocate on behalf of the complainants in respect of ex-parte argument.

            From the discussion herein above, we find the following issues/points for consideration.

Issues/points for consideration

1. Whether the complainants are the consumers of the opposite party or not?
2. Whether this Forum has territorial/pecuniary jurisdiction to entertain and try the case?
3. Whether there is any deficiency of service on the part of the opposite party?
4. Whether the complainants are entitled to get relief or not?

DECISIONS WITH REASONS

All the points are taken up together for easiness of the discussions of this case.

1. In the light of the discussion hereinabove and from the materials on record, it transpires that the complainants are a Consumers as provided by the spirit of Section 2 (1) (d) (ii) of the Consumer Protection Act, 1986.
2. Both the complainants and the opposite parties are residents/having their office addresses within the district of Hooghly. Considering the claim amount of complainant as per prayer of the petition of complaint it appears that those are not exceeding  Rs.20,00,000/-. So, this Forum has territorial/pecuniary jurisdiction to entertain and try the case.
3. The complainants in their written argument stated that they took one house building loan amounting to Rs. 3,00,000/- by depositing their title deed being no. 01616 of 2006 before the opposite party bank on 26.02.2003. Opposite party sanctioned the said loan in favour of the complainants and disbursed the same on 26.02.2003 for the period of 180 months being EMI of Rs. 3178/- per month and the adjustable interest rate 5% (9.75% per annum) and the RPLR is 10.25%.

Fact remains that complainants completed the installments of 180 months at the rate of Rs.3178/- per month and asked the opposite party bank to issue no dues certificate but the opposite party remained silent. The opposite party claimed 279 installments instead of 179 installments. Initially the opposite party bank adjusted EMI by way of ECS system a sum of Rs.3178/- per month as per terms and conditions.Meanwhile these complainants as per direction of this opposite party bank paid Rs. 12,000/- extra premium owing to default of payment of installment. It is also detected that in different phases this opposite party bank adjusted the EMIs in different amount like Rs.3,554/, Rs.3,949/-, Rs.3,462/-, Rs.3,303/-, Rs.3,382 and Rs. 3,494/-. According to these complainants that they paid total amount of Rs. 5,72,040/- only. The statement of loan account details dt. 26.04.2018 clearly revealed that these complainants have already paid an amount of Rs.6,20,450/- only in 181 EMIs and it is also revealed that there is no installment pending in respect of the house building loan taken by these complainants. Since the inception of house building loan the above noted sale deed of the complainants is in the safe custody opposite party which is required to be released by the opposite party after repayment of house building loan with interest. Inspite of repaying the outstanding house building loan as well as full filling the terms and conditions opposite party bank neither issued no due certificate in respect of the above mentioned loan nor returned the original sale deed. The complainant several times requested the opposite party for issuing no due certificate and to release the sale deed but all their efforts came in vain. The complainants send advocate notice but the opposite party paid no hid at the utterances of the complainants. So the complainants getting no other alternative filed the instant case before the Consumer Commission praying directions as incorporated in the prayer portion of the complaint petition.

It appears from the Home Loan Documentation of opposite party bank the Prime Lending Rate 10.25% per annum, the term of payment has been fixed as 180 months, EMI of Rs. 3178/-and date of commencement of EMI fixed on 7.3.2003. The loan account statement of ICICI Bank clearly speaks that 180^th installment paid on 7.3.2018 amounting to Rs. 3494/- and balance shows Rs. 12,469/-. That on 5.4.2018 a cash received of Rs.12,526/- deposited by the complainant. Subsequently, 181^th installment of Rs. 3494/- deposited on 7.4.2018. Thereafter cheque bounce charge of Rs.236/- has been debited from the account. The adjustment entries from 13.01.2003 to 26.04.2018 speaks that adjustment of different charges has been mentioned. The loan transaction details speaks that the complainant repaid the loan and other charges to the opposite party bank. But the opposite party did not hand over the sale deed which has been taken as security for loan is in the custody of the opposite party. Inspite of several reminders and even filing this complaint case the opposite party failed to provide no due certificate as well as sale deed to this complainant for which these complainants have no other alternative except filing the complaint case before this Commission praying directions as incorporated in the prayer portion of the complaint petition.

It is palpably clear that the opposite party inspite of repayment of loan along with interest failed to issue no due certificate including the security which has been taken during granting of the loan, which tantamount to deficiency of service on the part of the opposite party.

After a careful consideration this Commission is in the opinion that the complainants suffered at the behest of negligent on the part of the opposite party. So, the opposite party cannot evade their responsibilities in respect of non providing/ supplying the no dues certificate and return of impugned sale deed being No.01616 of 2006 in the custody of the opposite party. As such the complaint petition is deserved to be allowed with cost and compensation.

Hence, it is ordered  that the complaint case being no. 21 of 2020 be and the same is allowed ex parte against the opposite parties with cost of Rs. 10,000/-.

            The opposite parties are further directed to issue no dues certificate in favour of the complainants within 45 days from the date of passing this order.

The opposite parties are further directed to handover the sale deed being No. 01616 of 2006 to these complainants within the stipulated period of 45 days .

            The opposite parties are also directed to pay compensation amounting to Rs. 40,000/- to these complainants within 45 days from the date of passing this order.

At the event of failure to comply with the order the opposite party shall pay cost @ Rs. 50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the Consumer Legal Aid Account.

Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information and necessary action.

Dictated and corrected by me.