IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 116/S/2015.                            DATED : 06.01.2017.   

BEFORE  PRESIDENT              : SRI BISWANATH DE,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBERS              : SMT. PRATITI BHATTACHARYYA &

                                                              SRI PABITRA MAZUMDAR.

COMPLAINANT             : PULAK DUTTA,

  S/O Late Kartick Dutta,

  C/O. Siliguri Primary School Council, 

  63, Rashbehari Sarani, Hakimpara,

  P.O.- Siliguri, Dist.- Darjeeling.     

O.P.                1.                        : THE BRANCH MANAGER,

  The Jalpaiguri Centra Co-operative Bank Ltd.,

  Siliguri Branch “Avoy Kunja”,

  1^st Floor, Hakimpara, P.O.- Siliguri,

  Dist.- Darjeeling.

FOR THE COMPLAINANT         : Self.

J U D G E M E N T

Sri Biswanath De, Ld. President.

The case of the complainant in a nutshell is that the complainant took loan of Rs.1,75,000/- from OP bank.  The complainant has deposited the total loan amount before the OP.  The complainant requested the OP for issuance of no due certificate and returning original land deed and LICI certificate.  The bank authority asked to deposit Rs.45/-, the complainant has deposited the said amount on 10.08.2015.  The bank authority had issued No Due Certificate on 12.08.2015, but the bank authorities did not return Land Deed and LICI certificate till date.  Accordingly, the case has been filed by the complainant. 

The OP appeared and filed written version denying inter-alia all the material allegations raised by the complainant.  It is stated that bank authority could not return the Title Deed and certificate of LICI as the same has been misplaced from the office of the OP during the period of transfer the office premises of the OP.  The bank authority is still searching the document and OP also agreed to issue a certificate along with a certified copy of the document in favour of the complainant or solution of the problem. 

Contd......P/2

-:2:-

To prove the case, the complainant has filed the following documents:-

1.       No.244j dated 27.04.2004.

2.       Document received dated 05.04.2004.

3.       No.1166j dated 25.08.2010.

4.       Prayer dated 27.04.2013.

5.       Certificate dated 07.05.2013.

6.       Prayer dated 07.08.2015.

7.       Bank receipt (02 nos.)

8.       Statement of Account.

9.       Certificate dated 12.08.2015.

10.     Letter Reminder dated 31.08.2015.

          Complainant has filed evidence in-chief.

OP No.1 has filed evidence-in-chief.

          OP has filed Written Notes of Argument.

Points for determination

1.       Is there any deficiency in service on the part of the OP ?

2.       Is the complainant entitled to get any relief as prayed for ?

Decision with reason

          Both issues are taken up together for the brevity and convenience of discussion.

It is admitted position that the complainant took the loan from the OP.  It is also admitted position is that complainant deposited Title Deed and LICI certificate.  But the same have been misplaced.  It is the stated by the OP that they are trying to mitigate the problem of complainant by issuing certified copy of those documents.  Accordingly, the OP had duty to keep those documents in safe custody.  The action of OP is without due care and attention towards the complainant who gave the Title Deed and LICI certificate to ensure recovery of loan.  So, there is deficiency of service on the part of the OP to the complainant.  The complainant is entitled to get relief.    

In the result, the case succeeds.         

Hence, it is

                     O R D E R E D

that the Consumer Case No.116/S/2015 is allowed on contest with cost.

OP is directed to return back the original Title Deed and Original LICI certificate to the complainant, alternatively, the OP shall take all possible steps to

Contd......P/3

-:3:-

issue or provide the complainant with certified copy of Title Deed and LICI certificate for solving the problem of the complainant within 45 days from the date of this order. 

OP is further directed to pay sum of Rs.10,000/- by issuing an A/C payee cheque in the name of the complainant towards compensation within 45 days from the date of this order.

OP is further directed to pay sum of Rs.5,000/- by issuing an A/C payee cheque in the name of the complainant towards litigation within 45 days from the date of this order.

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Let copies of this judgment be supplied to the parties free of cost.