JUDGEMENT By Sri. Pampapathi President:- This is a complaint filed by the complainant Sugappa Yeddaladinni against ICICI Bank Sindhanur U/sec. 12 of Consumer Protection Act for to direct the opposite to return the clearance certificate and other documents of the Tractor bearing No. KA-36/T-7894 with compensation amount of Rs. 1,00,000/- with cost and other relliefs as deems fit to the circumstances of this case. 2. The brief facts of the complainant case are that, he purchased his Tractor bearing No. KA-36/T-7894 with the financial assistance of opposite bank. As per the terms and conditions of the loan agreement, he paid entire loan amount with interest, but opposite bank not at all returning the original documents of the said tractor with clearance certificate of the loan in spite of repeated requests, therefore this complaint is filed against opposite bank for the reliefs as prayed in his complaint. 3. The Opposite bank appeared in this case through its Advocate and returned all the documents of the Tractor to the complainant on 22-09-09 in the open court, the learned advocate for complainant reported the receipt of those documents, in the circumstances stated above written version not filed. Heard and perused the records of this case. In view of the circumstances stated above. Now the points that arise for our consideration and determination are that: 1. Whether the complainant proves that, there was a deficiency in service on the part of this opposite bank for non returning clearance certificate and original documents of the tractor bearing No. KA-36/T-7894 even after satisfaction of the loan amount with interest borrowed by him from opposite bank and thereby opposite bank found guilty under deficiency in its service.? 2. Whether complainant is entitled for the reliefs as prayed in the complaint. 3. What order? 4. Our findings on the above points are as under:- (1) In the affirmative. (2) As discussed in the body of this judgement and as sated in the final order . (3) In-view of the findings on Point Nos- 1 & 2, we proceed to pass the final order for the following : REASONS POINT NO.1 & 2:- 5. As per the allegations made by the complainant opposite bank not at all returning the original documents of the tractor bearing No. KA-36/T-7894 and not issuing clearance certificate in spite of satisfaction of the full loan amount with interest borrowed by him. 6. In pursuance of the notice issued to the opposite bank, it appeared in this case through its Advocate and on 22-09-09 the learned advocate for opposite bank filed memo along with all the documents pertaining to the tractor of the complainant with clearance certificate. The learned advocate for complainant reported the receipt of those documents on that day, in the light of the above fact now the point for our consideration is as to whether there is deficiency in service on the part of this opposite bank as alleged by the complainant. 7. In view of the returning documents by the opposite bank on 22-09-09 as per the order dt. 22-09-09 it is a proved fact that, this opposite bank has not returned the above said documents to the complainant after full satisfaction of the loan amount with interest. Opposite opted to return the said documents to the complainant only in the proceedings of this case, hence there is no need to record evidence of parties, as such it is proved fact that there was deficiency in service on the part of opposite for not returning the original documents and clearance certificate of the tractor in spite of full satisfaction of the loan amount with interest, as such we are of the view that granting lumpsum amount of Rs. 3,000/- to the complainant under deficiency in service is a proper and reasonable order, accordingly the complainant is entitled to get a lumpsum amount of Rs. 3,000/- from the opposite bank under this head. 8. As regards to the cost of this complaint is concerned, we have taken note of entire facts and circumstances of this case and directed the opposite bank to pay a lumpsum amount of Rs. 2,000/- to the complainant towards cost of this litigation. 9. As regards to the interest is concerned, the complainant is entitled to recover future interest at the rate of 9% p.a. on total sum of Rs. 5,000/- from the date of this complaint till realization of the full amount, accordingly we answered Point No- 1 & 2. POINT NO.3:- 10. In view of our findings on Point Nos-1 & 2 we proceed to pass the following order: ORDER The complaint filed by the complainant is partly allowed with cost. Opposite is hereby directed to return any other documents with it relating to loan transaction of the Tractor bearing No. KA-36/T-7894 of complainant. The complainant is entitled to recover a total amount of Rs. 5,000/- from the opposite bank. The complainant is also entitled to get future interest at the rate of 9% p.a. on the total amount of Rs. 5,000/- from the date of this judgement till realization of the full amount. Opposite is given one month time from the date of the judgement for to comply the above directions. Intimate the parties accordingly. (Dictated to the Stenographer, typed, corrected and then pronounced in the open Forum on 30-10-09) Sd/- Sri. Pampapathi, President, District Forum-Raichur. Sd/- Sri. Gururaj, Member, District Forum-Raichur. Sd/- Smt.Pratibha Rani Hiremath, Member. District Forum-Raichur.
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