This C.C. coming before us for hearing in the presence of Sri Muvva Nageshwar Rao,  Advocate for complainant and of Sri M.V. Satyanarayana, Advocate for opposite party; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following:-

O  R  D  E  R

(Per R. Kiran Kumar, Member, FAC President)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.       The averments made in the complainant are that the complainant is an agriculturist and he is resident of Anjanapuram village, Thallada Mandal, Khammam district.   The complainant submitted that he raised chilly crop in his agriculture land and after getting yield from the said crop, he stored 106 bags of red chilly weighing 3710 kgs for a value of Rs.1,66,950/- in Sri Sai Balaji Cold storage, Annarugudem, Thallada Mandal and obtained a storage receipt and Bond from the cold storage vide receipt No.914, dt.06-05-2013 under storage code No.536/106.  The complainant further submitted that subsequently he obtained loan vide loan account No.62282748178 from the opposite party bank for his necessities by putting the said stock worth of Rs.1,66,950/- as security, after considering the same, obtaining loan documents including the original bond the opposite party Bank has sanctioned an amount of Rs.83,000/- in the month of May-2013.  The complainant further submitted that he paid the loan amount of Rs.86,589/- in his loan account on 23-09-2013 in opposite party Bank towards clearances of the loan amount.  After clearing the loan account it is the duty of the opposite party bank to return all the original documents including the bond to the complainant so as to enable the complainant to get return the stocks from the storage.  The complainant further submitted that he made many rounds to the opposite party Bank and requested to return the original Bond and other relevant documents, the opposite party has postponed the same on one pretext or the other, due to the negligent attitude of opposite party and deficiency in service, the complainant suffered physically, mentally and monitory loss for that the complainant sent legal notice to the opposite party bank on 26-12-2013 demanding the opposite party to return all the original documents but inspite of receipt of notice, the opposite party failed to return the original documents, for that the complainant approached the Forum.

3.       On behalf of the complainant the following documents are filed and marked as exhibits as A1 to A3.

Ex.A1:-Photocopy of Storage receipt dt. 06-05-2013.

Ex.A2:-Photocopy of Bank Voucher dt.23-09-2013.

Ex.A3:-Office copy of legal notice along with postal receipt,      dt.26-12-2013.

4.       On receipt of notice, the opposite party appeared through their counsel and filed counter.  In their counter, the opposite party admitted that the complainant availed loan from their Bank against the warehouse receipt vide its loan account No.62282748178 and the same is closed as the complainant paid the loan amount to the opposite party Bank.  The opposite party Bank denied the allegations made by the complainant that the opposite party Bank has intentionally and wontedly creating troubles to the complainant, failed to return the original bond, there was gross negligence and deficiency in the service on the part of opposite party Bank, he never approached the opposite party Bank prior and after receiving legal notice with regard to the return of documents.  The opposite party Bank further submitted that they are ready and willing to return said documents pertaining to the loan account and the same has been informed over phone to the complainant, but he failed to respond.  The opposite party also submitted that as per their instruction, that there were no stocks in the cold storage and the complainant already sold away the stock, the allegation is created only to get wrongful gain from the opposite party, there is no cause of action to file the complainant and prayed to dismiss the complainant.  To support their case opposite party filed the following documents where are marked as exhibits B1 to B3.

Ex.B1:-Original cold storage receipt dt.06-05-2013.

Ex.B2:-Letter dt.25-01-2014 issued by the opposite party Bank to M/s. Sri Sai Balaji Cold storage, Annarugudem, Thallada Mandal, Khammam.

Ex.B3:-Photocopy of the letter dt.15-03-2014 issued by Karur Vysya Bank, Kothagudem in favour of opposite party Bank.

5.       Written Arguments of complainant filed.

6.       Heard Oral Arguments from both sides.

7.       Upon perusing the material available on record, now the point that arose for consideration is,

 i)       Whether the complainant is entitled for the claim?

ii)       To what relief?

Point:-                  

           It is the case of the complainant is that he is an agriculturist, resident of Anjanapuram village, he raised chilli crop in his agricultural and after taking the yield from the said crop, he stored 106 bags of Red chilli value of Rs.1,66,950/- in Sri Sai Balaji Cold storage, Annarugudem and obtained receipt and bond vide No.914, dt.06-05-2013 under storage code no.536/106.  According to the complainant, he obtained loan vide account No.62282748178 from the opposite party bank for his necessacities and the opposite bank sanctioned Rs.83,000/  - in the month of May-2013 and he had paid an amount of Rs.86,589/- on 23-09-2013 towards clearance of the loan account.  According to the complainant even after the payment of the loan amount the opposite party bank failed to return all the original documents including bond to the complainant, so as to enable the complainant to get return the stocks from the storage.  As the opposite party failed to return the bond and all the other documents the complainant approached the Forum for redressal. 

          It is evident from record that the complainant obtained loan from the opposite party Bank against warehouse receipt vide its loan account No.62282748178 and the same is closed as the complainant paid entire loan amount to the bank on 23-09-2013.  We observed that after payment of entire loan amount it is the bounded duty of the opposite party bank to return all original documents along with bond.  After receipt of legal notice dt.26-12-2013 (Ex.A3) the opposite party Bank failed to return the warehouse bond to the complainant and the same was filed before this Forum along with petition in IA.No.47/2015, dt. 04-06-2015 i.e. after lapse of 21 months of the payment of loan amount.  From the above we observed that the opposite party bank failed to explain the reasons that what prevented them to return the original documents even after payment of entire loan amount by the complainant.  However, we convinced and it is established beyond doubt that there is deficiency in service on the part of opposite party bank for which there is no reason why the complainant should have been suffered.  Under these circumstances, we consider it appropriate to answer this point accordingly in favour of the complainant.  

7.       In the result, this complainant is allowed in part directing the office to handover the warehouse storage receipt to the complainant, on receipt of proper acknowledgement.  The opposite party bank is directed to return the documents, kept with them to the complainant and to pay a sum of         Rs.20,000/-, as compensation for mental agony and sufferance, within one month from the date of this order, failing which the complainant would be entitled to interest @9% per annum on the above amount from today till actual payment is made.

          Typed to dictation, corrected and pronounced by us, in the open Forum, on this the 10^th day of March, 2016.                                                                                                           

                     FAC President              Member

District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant:-                                                     For Opposite party:-   

       -None-                                                                           -None-

DOCUMENTS MARKED:-

For Complainant:-                                                     For Opposite party:-   

FAC President               Member

District Consumer Forum, Khammam.