Smt. Bandana Ray, President

This is a complaint made by Sri Pratap Chandra Maji against Branch Manager, State Bank of India, praying for a direction upon the OP to return title deeds and insurance certificate with NOC, and compensation for a sum of Rs.90000/- and litigation cost of Rs.10000/-.

In short, case of the Complainant, is that the complainant took a House Building Loan of Rs.480000/- from the OP by depositing title deed of the complainant being no. 3617 of Mouza – Padumbasan being plot no. 5844, 47/2391/RS, measuring 1.63 dec. and also title deed of the wife of the complainant being no. 3619 of same mouza and plot measuring 1.63 dec. and by depositing an Insurance (LIC) Certificate of complainant being no. 433372907 dtd. 26.05.2000 whose sum assured was Rs.100000/- in the year 2005. The amount outstanding against the said loan was Rs.114852.65/- as on 31.03.2014. The OP, by a letter dtd. 16.08.2014, had given an opportunity to the complainant to settle the said loan for the scheme for one time settlement of NPAS (SBI OTS 2014/15). Accordingly, complainant deposited Rs.24000/- and Rs.56396/- on 29.08.2014 and 13.11.2014 respectively and as per said OTS, there is no due against the said loan. Thereafter, complainant requested the OP to return the title deeds and the Insurance Certificate severally, but OP did not return the same till date, hence, this case.

The OP contested the case by filing written version and WNA wherein OP denied all material allegations made by the complainant. The OP stated that after payment of dues by the complainant, the OP severally requested the complainant to collect his title deeds and Insurance Certificate and also NOC, but complainant never turn up to collect those documents. The OP also denied that the complainant requested them to return the documents and claims that the complainant has no cause of action to file this case and therefore, prays for dismissal of the case.

Point to be considered in this case is whether or not the Complainant is entitled to the relief(s) sought for by him.

Decision with reasons

We have perused all the documents and heard the submission of the ld. Lawyers of both sides. Ld. Lawyer for the OP submitted that they have severally requested the complainant to collect his title deeds and Insurance Certificate and also NOC, but complainant never turn up to collect those documents. And complainant also never requested them to return the documents. It appears from the materials on record that there is no document to show that the complainant requested the OP to deliver the documents and there is no paper to show that the OP also requested the complainant to take back the documents. In this circumstances, we are not inclined to impose any compensation on the OP.

Hence,

O R D E R E D

That CC/49/2016 be and the same is allowed on contest against the OP. OP is directed to return all documents to the complainant as mentioned in paragraph 2 of the prayer of complaint within 15 days from the date of this order. OP is further directed to pay Rs.2000/- as litigation cost to the complainant within 15 days from the date of this order, failing which OPs will be liable to pay Rs.100/- daily as punitive charges which will be payable to the Consumer Welfare Fund.

Let the copies of the judgement be supplied to all the parties free of cost.