PRESENT SRI P.V. NAGESWARA RAO, M.A., LL.M., PRESIDENT

 

Monday, 10^th February 2009

 

Veerapu Siva Gangaiah, S/o Lakshmana Swamy,

aged about 52 years, Sivarama Palagiri,

Kasinayana Mandal, Kadapa District.                                        ….. Complainant.

 

Vs.

 

The Cuddapah District Co-operative Central Bank Ltd.,

Rep. by its Branch Manager, Porumamilla Branch,

Porumamilla, Kadapa district.                                                  ….. Respondent.  

 

This complaint coming on this day for final hearing on 10-02-2009 in the presence of Sri G. Trivikram Singh, Advocate for complainant and respondent called absent and set exparte and upon perusing the material papers on record, the Forum made the following:-

 

 

1.                Complaint filed under section 12 of the Consumer Protection Act 1986.

 

2.                The brief facts of the complaint is as follows:- The complainant availed a loan of Rs. 7,000/- on 10-3-1980 for agricultural bore well from Badvel Agricultural Development Bank under loan No. ARDC/1278 by mortgaging his agricultural land of Ac. 5.00 in survey No. 606/3 under DKT patta. The DKT patta and other documents were handed over to the bank. The Badvel Agricultural Development bank was merged with District Cooperative Central Bank on account of introducing single window system by the Government. The District Cooperative Central Bank started its branch at Porumamilla and all the records including loan record of the complainant were transferred to the Branch. The complainant paid loan amount on 17-3-2006 and discharged the debt. The respondent bank issued a clearance certificate on 6-9-2006 but did not return the documents. The respondent issued a letter dt. 6-9-2006 confirming the loss of  documents by the bank. The respondent dragged the matter from 17-3-2006 to 6-9-2006 for return of the documents. At last a notice was issued by the complainant. The respondent after receiving the notice did not give any reply. The documents were required after the loan amount was discharged. On account of negligent act the respondent failed to return the documents by saying they were misplaced. Thus the respondent was liable to pay compensation. The complaint was filed for return of documents deposited by the complainant at the time of availing loan, failing which to pay Rs. 70,000/- towards compensation and Rs. 20,000/- towards mental agony and Rs. 1,000/- towards costs. 

 

3.                Notice was served to the respondent to appear on 19-1-2009. But the respondent was called absent and there was no representation. However it was posted for filing the counter to 30-1-2009. There was no representation on                  30-1-2009 and also on the next date of adjournment on 9-2-2009. Thus the respondent was set exparte on 9-2-2009 as called absent and no representation and no counter was filed. 

 

4.                On the basis of the above pleadings the following points are settled for determination. 

i.                   Whether there is any negligence and deficiency of service on the part of the respondent?

ii.                 Whether the complainant is entitled to the relief as prayed for?

iii.              To what relief?

 

5.                On behalf of the complainant Ex. A1 to A5 were marked.  

 

6.                Point No. 1 & 2 The complainant availed an agricultural loan of                Rs. 7,000/- for bore well   from Badvel Agricultural Development Bank on 10-3-1980 under loan No. ARDC/1278 by mortgaging his DKT land of Ac.5.00 situated in survey No. 606/3. The complainant deposited the original DKT Patta and other documents at the time of availing the loan. He filed Ex. A1 a Xerox copy of auction notice issued by Kadapa District Cooperative Central Bank, Porumamilla branch that auction would be conducted for recovery of loan amount with interest on 17-3-2006. In that notice the complainant and his loan outstanding due and auction date and extent of his land with survey number were noted. Subsequently the complainant discharged the loan amount on 6-9-2006 and obtained a clearance certificate from the respondent branch. Ex. A3 is the clearance certificate. At the time of availing loan the complainant mortgaged the property to the bank. After repayment of the loan with interest the respondent branch executed a deed of re-conveyance of property disclosing that the complainant discharged the loan on 17-3-2006 with interest.  Ex. A2 is the deed of re-conveyance of the property dt. 4-9-2006. The complainant requested the respondent to return all the documents including the DKT Patta by way of notice. But the respondent on 6-9-2006 issued a letter that all the documents including DKT patta were misplaced. Ex. A4 was the letter. Ex. A5 was encumbrance certificate. Therefore, the respondent had the duty to return the documents as soon as the loan amount with interest was repaid. But the documents were not returned. Misplacing of documents was a serious offence on the part of the respondent bank. It showed the negligence on the part of the respondent Bank. Thus the respondent was liable to return the document to the complainant. In case the respondent was unable to return the original documents it was its duty to get the copies of the documents from the concerned authorities and return the same to the complainant. Thus the points are answered accordingly. 

 

7.                Point No. 3   In the result, the complaint is allowed. Directing the respondent to return the original documents to the complainant and in case they were not available the respondent should get the authenticated copies including the DKT patta from the concerned Revenue Authorities and handed over to the complainant along with Rs. 5,000/- (Rupees five thousand only) towards compensation for mental agony and Rs. 500/- (Rupees five hundred only) towards costs of the complaint, within 45 days from the date of receipt of the order. 

 

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open forum, this the 10^th February 2009

 

 

 

 

Witnesses examined.

For Complainant    :       NIL                            For Respondent :     NIL

Exhibits marked for Complainant : -  

 

Ex. A1         X/c of D.C.C. Bank, Badvel auction notice.

Ex. A2         Deed of re-conveyance of the property dt. 4-9-2006

Ex. A3         Clearance certificate issued by the respondent, dt. 6-9-2006.

Ex. A4         Letter from respondent to complainant, dt. 6-9-2006.

Ex. A5         Encumbrance certificate issued in favour of the complainant. 

 

Exhibits marked for Respondents: -          

1) Sri G. Trivikram Singh, Advocate. 

2) The Cuddapah District Co-operative Central Bank Ltd.,

 

 

 

2) Copy was dispatched on      :

3) Copy of delivered to parties :