Hon'ble Mrs. Rumpa Mandal, Member
The fact of the case in brief is that the petitioner had borrowed Rs. 40,000/- from O.P. Bank in the year 2010 vide loan A/C No. TLOSCC62. At the time of taking loan, he had deposited LIC Policy Deed (original) No.450577386 as mortgage with the O.P. The Complainant deposited the installment of loan in time as per norms of the Bank to liquidate the loan. After liquidation of the said loan, he requested the O.P. for return of LIC policy which was kept as mortgage. The Bank informed in writing that an amount of Rs.35,000/- only had been overdrawn by the Complainant. So, the Bank refused to deliver/return the LIC Policy Deed. He had made several contacts in writing with the OP on different dates, but the O.P. did nothing.
On the application of the complainant, a tripartite meeting was held before Consumer Affairs and Fair Business Practices, Cooch Behar but no consensus was arrived at.
Then, the Complainant issued a legal notice through his Advocate to the O.P. for getting back his original LIC Policy Deed. Finally, the Complainant was compelled to file this case against the O.P. The Complainant prayed for return of the original LIC Policy Deed and several other relief(s).
The O.P. appeared before this Commission and filed written version and evidence on affidavit but thereafter he did not turn up. So, the case had run ex-parte against the OP.
POINTS FOR CONSIDERATION
- Is the instant case is maintainable ?
- Is the Complainant is entitled to get any relief ?
- To what other relief, if any, Complainant is entitled ?
FINDINGS
All the points are taken up together for consideration. From the materials on record, the instant complaint case is found to be maintainable.
We have gone through the contentions of both the parties including the evidence adduced by them.
Admittedly, the Complainant had taken a loan of Rs.40,000/- from the OP Bank. The No. of the said loan Account was TLO SCC 62. The Complainant also contended that his LIC Policy Deed No.450577386 had been given to the OP, which was kept as mortgage by the OP against the said loan. The OP, in fact, did not deny that fact. The Complainant produced the said Pass Book, which reveals that Rs.40,000/- was given to him by the OP Bank on 06.03.2010 and ultimately on 12.07.2012, the entire loan amount in respect of the said Loan Account was liquidated. Thereafter, on the next page of the said Pass Book, there is only written in red ink “Rs.30,000/- as overdrawn”. So far as the loan Account is concerned, it is absolutely astonishing as to how this overdrawn of Rs.30,000/- arises. The Complainant also deposited the Pass Book of his Savings Bank Account vide No.700 with the OP Bank for the period from 2004 to 2012 ( Two Pass Books). According to OP, as revealed from written version and evidence on affidavit, an amount of Rs.35,000/- had been shown as overdrawn by the Complainant due to mistake in posting in the Account on the part of the OP. The OP had asked the Complainant to repay the said amount, which according to them, Complainant did not comply. But, the OP did not specifically mention in the w/v and evidence on affidavit as to the Account of the Complainant in respect of which the mistake in posting as claimed by the OP had been made. They were completely silent about this. If the said mistake as claimed by the OP, was made in respect of the Savings Bank Account of the Complainant, then the OP should give with relevant document before this Commission in order to prove their contention, but it is strange that the OP failed to produce a single scrap of paper relating to their claim during hearing. Not only that, the OP was found absent on several dates of hearing.
So far as the loan Account is concerned, the Complainant is found to have no liability as the entire loan amount had duly been liquidated. Therefore, the document i.e. LIC Policy Deed, which remained deposited with the OP as mortgage against the said loan Account, is required to be released in favour of the Complainant. Here, Loan Account is found to have been repaid on 12.07.12 and this case was filed on 11.05.18. So, during this long 6 years, the document i.e. LIC Policy Deed has been kept by the OP Bank. So, in view of the aforesaid discussions, the OP is bound to return the said original Policy to the Complainant, which is the prime claim of the Complainant. Holding of the said Policy Deed tantamounts to deficiency in service on the part of the Op.
In view of the aforesaid discussions, we are of the opinion that the instant case is maintainable and should be allowed on contest. Accordingly, all the points are disposed of.
Hence, it is,
Ordered
That the instant case be and the same is allowed on contest.
The O.P is directed to return the original LIC Policy Deed of the Complainant which was deposited with the O.P against the loan.
The O.P is also directed to pay Rs.5,000/ to the Complainant towards harassment, mental pain and agony and Rs.2,000/- towards cost of litigation.
The O.P shall comply with this order within 45days from the date of this order, failing which the awarded sum will carry interest @ 6% per annum till realization.
Let a plain copy of this order be supplied to the parties concerned by hand/by post forthwith, free of cost, for information and necessary action.
The copy of the Final Order is also available in the official Website www.confonet.nic.in.
Dictated and corrected by me.
