ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                            JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to issue NOC, return original R.S.D., R.O.R. and R.C. rent receipt”.

            The brief fact of the case is that, the complainant approached the opposite party No.1 for construction of his residential house in the year 2009 and taking the feasibility of the scheme the opposite parties granted housing loan to the tune of Rs.2,50,000/-. As security the complainant had produced the landed properties and rent receipt and E.C. for the vacant ground. On 28.7.2020 complainant filed an application for one time settlement before the opposite party No.1, which was allowed. After adjustment of fixed deposit of Rs.40,000/- along with accrued interest the complainant has deposited Rs.1,00,000/- to his loan account. Without granting NOC and without returning the ROR and other documents including original R.S.D., rent receipt on 20.12.2020 the bank demanded another Rs.1,10,000/- which has caused a great shock to the complainant. 

            The opposite parties filed written version stating as under;

            The complainant availed a house building loan and on that score he deposited his land documents and after scrutiny, bank sanctioned loan amounting to Rs.2,45,000/-and the land documents which has been deposited by the complainant stood as security. The complainant paid some dues through installment scheme and did not clear up the loan and opposite party bank noticed to the complainant for repayment of loan. But the complainant is unable to deposit the said amount and prayed before the Bank Manager for one time settlement for which the complainant able to pay the loan amount. After OTS, the Branch Manager instructed by the Regional Manager that the OTS is not within the purview of the opposite party No.1. The complainant who deposited to money towards OTS scheme which was not accepted by the bank and now the loan is pending against the complainant. So as per law when the loan is pending and not cleared up, the mortgaged documents cannot be refunded to the complainant.

            Opposite parties have approved the OTS request and accepted the amount and subsequently it was said it is not within the purview of opposite party No.1. For the fault of opposite parties the complainant cannot be made to suffer particularly when complainant has paid the amount as per their offer.

            Since the complainant has paid the entire loan in OTS he is entitled to get his no dues certificate for which we direct the opposite parties to issue NOC and return the pledged documents like original RSD, ROR & E.C. etc. within 45 days after receipt of the order, failing which the opposite parties shall pay Rs.100/- per day after 45 days to the complainant. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.