Orissa

Rayagada

CC/145/2016

Saibo Swain - Complainant(s)

Versus

The Branch Manager, SBI, - Opp.Party(s)

Self

02 Feb 2018

ORDER

DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA,

STATE:  ODISHA.

C.C. Case  No. 145/ 2016.                                        Date.    2   .     02   . 2018.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                          President

Sri GadadharaSahu,                                        Member.

Smt.PadmalayaMishra,.                                   Member

Sri Saibo Swain, S/O: Lae Budhia Swain, Masson by profession, B.C.Road, Po:J.K.pur,     Dist.Rayagada, State:  Odisha.765 017.                                    …….Complainant

Vrs.

The Branch Manager, State  Bank of India, J.K.Pur Branch, AT/Po:J.K.Pur, Dist:Rayagada.                                                                                            .…..Opp.Parties

Counsel for the parties:                                 

For the complainant: - Sri R.K.Padhy, Advocate, Rayagada.

For the  O.P.:- Sri N.N.Panda, Advocate, Rayagada.

                                                          J u d g e m e n t.

         

          The  present dispute arises out of the complaint petition filed by the above named complainant alleging deficiency in service  against  afore mentioned O.Ps for non return of documents by the O.Ps  after closing of loan account under O.T.S scheme  and no  amounts has  outstanding against  loan account No. 00710730792353. The brief facts are summarized here under.

          1)That the complainant had availed loan from the O.P. vide loan account No. 00710730792353  and was  paying the installments as per the terms and conditions of the loan.  Thereafter the complainant availed O.T.S scheme to close the loan   account.  The O.P had put the outstanding dues of the complainant at Rs. 1,03,263.00 as on Dt. 31.3.2014 and asked him to pay a sum of Rs. 82,610/- as One time settlement amount.  As per the scheme the complainant had paid a sum of Rs.24,783/-on Dt. 14.12.2015 which was duly accepted by the O.P. Further the complainant had paid the balance amount of Rs.57,827.0 in three phases i.e. a sum of Rs.10,000/- on Dt.12.1.2016, a sum of Rs.20,000/- on Dt. 16.02.2016, a sum of Rs. 27,827/- on Dt. 19.2.2016 i.e total sum of Rs.57,827/- as per the  scheme  offered by the O.P. to the complainant  and the said all payments  were made before the stipulated date i.e. Dt. 31.3.2016  and  the O.P did not raise any  objection at any time and accepted all the payments and issued counter foil towards payment.  After clearance of the dues pending  against the complainant under  O.T.S scheme the complainant requested the O.P. to return back his  documents (Original) deposited  with  the  O.P. i.e. Sale deed, ROR and other relevant documents, but  utter surprise the O.P till date has not returned the above documents  to the complainant for some or other plea.  Hence this case. The complainant prays the forum direct the O.P. to return the documents  which was deposited with  the O.P. at the time of sanctioning the loan  to the complainant  and  such other relief as the hon’ble forum deems fit and proper for the best interest of justice.

2)On being noticed the O.P. appeared through their learned counsel .  The learned counsel defend the case in person  and submitted that  to close the case  as the complainant expired on Dt. 17.8.2017.

Heard from the  parties at length. Perused the record filed by the complainant.

                                                Findings.

3) During the course of hearing the learned counsel for the complainant submitted the Xerox  copies  of death  certificate which is marked as Annexure-I.  He vehemently argued that  though  the complainant has already paid   the outstanding  amount towards the loan availed by the complainant bearing  loan  Account   No.  00710730792353  the wife/son of the complainant is entitled  to receive the above documents from the O.P.

On perusal of the record it is revealed  that there is no dispute that the complainant had availed loan from the O.P. bearing account No .00710730792353  and availed O.T.S scheme as offered by the O.P. under the OTS  scheme.  Further it is observed the O.P had put the outstanding dues of the complainant at Rs. 1,03,263.00 as on Dt. 31.3.2014 and asked him to pay a sum of Rs. 82,610/- as One time settlement amount.  As per the scheme the complainant had paid a sum of Rs.24,783/-on Dt. 14.12.2015 which was duly accepted by the O.P. Further the complainant had paid the balance amount of Rs.57,827.0 in three phases i.e. a sum of Rs.10,000/- on Dt.12.1.2016, a sum of Rs.20,000/- on Dt. 16.02.2016, a sum of Rs. 27,827/- on Dt. 19.2.2016 i.e total sum of Rs.57,827/- as per the  scheme  offered by the O.P. to the complainant  and the said all payments  were made before the stipulated date i.e. Dt. 31.3.2016  the counter folio  of the bank is filed by the complainant  which is marked as   Exhibit –I  to 4 and at that time   the O.P did not raise any  objection at any time and accepted all the payments and issued counter foils towards payment.  Again it is observed inspite of  closed the loan account the O.Ps till date has not handed over the  documents to the complainant. 

At  this stage this forum observed   the interest of justice  would met if  the O.P. handed over   all the pledged  documents to the wife/son of the  complainant. 

 

Hence  to  meet the  ends of justice, the following order is passed.                                                                                          

                                                            ORDER.

4.         In  resultent the complaint petition is hereby  allowed  in  part  on  contest against  the O.Ps.

The O.Ps  ordered  to release  the pledged documents     to the  wife/son    of   the complainant. The O.P. shall   release  the  pledged documents     after obtaining the I.D. proof  and an Indemnity bond  from    wife/son  of the  complainant . The wife/son of the complainant is  directed to  submit the indemnity bond  and I.D. proofs  before the O.P. to take the document   within 15 days.   There is no order as to cost.

The OP  is   hereby  ordered to make compliance  of the aforesaid Order within  15 days from the  date of  receipt  of  indemnity bond and I.D. proofs from the wife/son of the complainant. .  Serve the copies of the above order to the parties free of cost.

 

Dictated and corrected by me

Pronounced on this     2^nd.      .   Day of  February,   2018.

 

 Member.                                                            Member.                                                                              President