Date of Filing: 08-03-2016                                               Date of Final Order: 17-03-2017

Sri Debangshu Bhattacharjee, Member.

Order No.18, dated 17/03/2017

           Today is fixed for passing necessary order after hearing.

           Both parties file hazirahs.

          The petition dated 24/06/2016 is taken up for hearing.

           Perused the petition. Heard both sides. The case record is taken up for order of the petition dated 24/06/2016.

          The O.P Axis Bank Ltd. filed the instant petition that the original documents for securing loan for the Complainant were kept in the safe custody at Hyderabad and for that reason, the original documents were placed in the Computer System and did not show the name of the customer/Complainant. For this reason, delay was caused in returning the documents.  The Complainant repaid the loan to the O.P Bank.

         It is also the case of the O.P Bank that the Complainant had two Accounts i.e. Tractor Loan Account No.909060034475687 and Cash Credit Loan Account No.911030044823171 under the same Customer I.D. being No.831751368. The Tractor Loan Account was closed in the System in the month of October, 2015 but the other was in running condition. As such, one loan was running and the availability of documents was in close status. Confusion was created due to usage of single customer I.D.  The O.P Bank put its own efforts to resolve the problem without making any delay and there was no deficiency of service. Inspite of that, delay was caused due to unavoidable circumstances and the O.P Bank submitted all the original documents before this Forum in order to return the same original documents to the Complainant. Accordingly, the O.P Bank prays to drop the proceeding. The Complainant has not filed any written objection against the petition filed by the O.P Bank but raised objection to that effect and submits that the Complainant is entitled to get other reliefs as mentioned in the complaint.

Points for consideration

Is the O.P Bank entitled to get any relief as prayed for?

Decision with reasons

         The Complainant has filed the instant Complaint against the Branch Manager, Axis Bank Ltd., Cooch Behar Branch claiming reliefs for direction to the O.P Bank to return FD certificates, original nine nos. title deeds along with Khatian at the time of taking sanctioned loan for purchase of the tractor, compensation of Rs.50,000/-, Rs.50,000/- for deficiency of service and Rs.10,000/- towards the cost of the proceeding.

         The O.P Bank returned all the original documents as mentioned in the firisti dated 24/06/2016 and the Complainant received the said documents by endorsing his signature thereon. Therefore, the Complainant had got the main relief.

         In a case reported in 1999(1) CPR 580 (SCDRC-Kerala, Canara Bank & Another -Vs- C. Appu wherein Hon’ble Apex Court held that the case relating to release of documents by way of security by Bank on repayment of loan gives rise only to a civil dispute and the Complainant cannot be said to be a consumer within the meaning of Consumer Protection Act, 1986.

          In one another case reported in 1999(2)CPR 160 (SCDRC-Tamilnadu), Xavier Estates  -Vs- Senior Manager, Indian Bank, wherein Hon’ble Apex Court held that non-release of documents by the Bank on repayment of loan  which were deposited as security for loan after repayment of loan  does not give rise to consumer dispute and only a civil case can be filed.  Therefore, non-return of documents given as security of loan even after repayment of loan is a civil dispute and the Complainant cannot be said to be a consumer dispute within the meaning of Consumer Protection Act, 1986.  Therefore, the instant case is not maintainable.

Hence,

          Ordered,

                    That the petition dated 24/06/2016 is hereby allowed on contest. The case is dismissed accordingly.

          Let plain copy of this Final Order be made available and be supplied free of cost, to the concerned party.

Dictated and corrected by me.