Ld. Advocate(s)
For Complainant: Dipak Chakraborty
For OP/OPs : None
Date of filing of the case :29.09.2019
Date of Disposal of the case : 27.06.2023
Final Order / Judgment dtd.27.06.2023
Complainant above named filed the present complaint against the aforesaid opposite parties u/s 35 of the Consumer Protection Act, 2019 praying for compensation amounting to Rs.4,50,000/-, cost of the case amounting to Rs.30,000/- and other reliefs.
Complainant borrowed two housing loans in the year 2009 vide account no.0223306809324 and 0223306818401 amounting to Rs.3,50,000/- and Rs.3,00,000/- and these loans were disbursed by OP NO.1. Relating to the said loan complainant mortgaged his property as security and handed over the original title deed vide no.04771/09 to the OP NO.1 and OP NO.1 transferred the same to the OP No.2. Complainant repaid the aforesaid two loans on 06.03.2021 and availed no dues certificate from OP NO.1
Complainant on several occasions requested the OP NO.1 to return the original title deed which was kept at the time of sanction of said loan but OP No.1 showing no interest to return it. Complainant sent one legal notice to the OPs on 13.06.2022. In response to the said legal notice, OP No.2 gave reply on 17.06.2022 and informed that the said title deed was sent on 11.12.2009 to OP No.1.
OP No.1&3 not yet given any reply and took no responsibility. OPs not returned the original title deed, even not released lien over the property and did not make the property encumbrance, free which seriously disputed the right and interest of the complainant over the property.
Hence, the complainant filed this case.
Case is running ex-parte against OP No.1-4 vide order no.4 dated 16.12.2022.
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Trial
During trial complainant filed affidavit in chief and also filed certain documents.
Documents
Complainant produced the following documents viz :
- Original copy of No dues Certificate issued by Branch Manager Punjab National Bank Aranghata Branch........(One sheet).........(Annnex-1)
- Original letter issued by Senior Manager, Punjab National Bank, Aranghata Branch to Branch Manager Punjab National Bank, Hanskhali dtd. 06.03.2021........(One sheet).....(Annex-2)
- Carbon copy of letter regarding creation of mortgage issued by Senior Manager UBI, Aranghata to Manager UBI, Punjab National Bank Hanskhali dtd. 10.12.2009.......(One sheet).........(Annex-3)
- Original copy of letter issued by complainant to Manager, UBI Hanskhali........(One sheet)...........(Annex-4)
- Original copy of reply letter issued by Asis Das..........(One sheet)..........(Annex-5)
- Xerox copy of sale Deed dated 11.11.2009........(Thirteen sheets).......(Annex-6)
- Original copy of Legal notice issued by Dipak Chakraborty, Advocate of complainant dtd. 13.06.2022........(One sheet).......(Annex-7)
- Original copy of reply issued by Branch Manager, Punjab National Bank Hanskhali to complainant dtd. 17.06.2022 with Postal Receipt........(One sheet).......(Annex-8)
- Original copy of Track Report .........(One sheet).......(Annex-9)
10)Original copy of Legal notice issued by Dipak Chakraborty, Advocate on behalf of complainant to Branch Manager, PNB, Aranghata dtd. 13.06.2022.........(Annex-10)
11)Original copy of Track Report.......(One sheet)......(Annex-11)
12)Original copy of legal notice issued by Dipak Chakraborty, Advocate on behalf of complainant to Zonal Branch Manager, PNB, Kolkata-1 dtd. 13.06.2022.......(One sheet).......(Annex-12)
13)Original copy of Track Report ...........(One sheet).........(Annex-13)
(4)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully considering the petition of complaint filed by the complainant, documents filed by the complainant, affidavit in chief filed by the complainant and BNA filed by the complainant. We have carefully considered the same.
Affidavit in chief filed by the complainant is nothing but unchallenged testimony and we do not find any reason to disbelieve the same.
On perusal of no dues certificate issued by OP NO.1, we find that complainant paid entire amount of loan account vide no. no.0223306809324 and 0223306818401. It has stated therein that complainant has been fully liquidated and closed the loan accounts satisfactorily. It has also stated therein that no dues are pending regarding the said loan account.
On perusal of letter dated 06.03.2021 direction was given to OP No.1 by his higher authority to return the original deed to the complainant.
On perusal of letter dated 10.12.2019, we find that OP NO.1 stated a letter to the OP No.2 and he sent a original title deed with the said letter to OP NO.2 .
On perusal of another document we find that there is a note that the title deeds have been deposited and particulars of the deed also noted.
On perusal of another documents, we find that title deed vide no.4309/5369 have been deposited. Perused the Xerox copy of deed which stands in the name of complainant.
On perusal of advocate’s letter dated 13.06.2022, we find that request has made to OP NO.2 for return of original title deed.
On perusal of reply of OP NO.2 dated 17.06.2022, we find that title deed has kept at Aranghata Branch.
From the aforesaid discussion, it is clear before us that original title deed has been filed by the complainant before the OP NO.1 and same has subsequently given to OP No.2. OP NO.2 by his reply stated that said deed has already been sent to OP No.1.
(5)
So, it is clear before us that complainant not yet get back the aforesaid original deed till date which are the duty of the OPs to return the original deed in favour of the complainant because complainant already paid the entire amount of loan account.
Having regard to the aforesaid discussion, it is clear before us that complainant has established his grievance before this Commission.
It is clear before us that complainant is the consumer and OPs are the service provider.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed ex-parte against OP NO.1-4 with cost of Rs.3,000/- (Rupees Three thousand) to be paid by OP NO.1-4 in favour of the complainant.
OP NO.1-4 jointly or severally are directed to return the original deed of the complainant which he filed at the time of taking the aforesaid two loans within one month from this date or OP NO.1-4 jointly or severally are directed to pay compensation amounting to Rs.50,000/- (Rupees fifty thousand) in favour of the complainant within two months from this date failing which complainant shall have liberty to put this order into execution.
OP NO.1-4 jointly or severally are directed to pay Rs.10,000/- (Rupees Ten thousand) as compensation for the mental pain and harassment of the
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complainant within one month from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
