DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 107/2022
Date of Filing Date of Admission Date of Disposal
20.04.2022 10.05.2022 06.02.2024
Complainant/s:- | Anik Chakraborty, S/o Shymal Chakraborty, Residing at 1 No. R.K.P. Dev Road, P.O. Dakshineswar, P.S. – Dakshineswar, Kolkata - 35 =Vs= |
Opposite Party/s:- | - The Chairman and Managing Director IDBI Bank, IDBI Tower WTC. Complex Cuffe Parade, Colaba, Mumbai – 400 005.
- Branch Manager, IDBI Bank, 17, Ground Floor, Mukherjee House, Brabourne Road, Murgighata, B.B.D Bagh, Kolkata, West Bengal, Pin – 700001.
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P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT/FINAL ORDER
Complainant above named filed this complaint U/s 35 of the Consumer Protection Act, 2019 against the aforesaid Opposite Parties praying for direction to pay Rs. 30,17,760/-, compensation amounting to Rs. 15,00,000/-, award for alternative remedy regarding original deed and any other reliefs.
He alleged that he borrowed Rs. 3.31 lakhs from the Opposite Parties as loan in the year 2006 by giving mortgage of the registered deed no. 8192 of 2006. Payment of the loan are running very smoothly.
Complainant received one letter on 15/10/2019 issued by O.P No. 2 stating that the original deed of the Complainant was gutted by fire. Various correspondence have made with the Opposite Parties. O.P sent advocate’s notice on 28/10/2020. Opposite Parties gave a reply without mentioning the date of fire brigade report, police report, corporation report etc. Opposite Parties are deducting the sum of Rs. 3886/- from the bank account of the Complainant. Opposite Parties till date failed to established about the aforesaid fire. The aforesaid fact of the Opposite Parties are nothing but deficiency in service.
On perusal of order No. 3 dated 27/07/2022 we find that Opposite Parties not yet appeared before this Commission nor filed W/V after receipt of notice from this Commission. Case is running ex-parte against them.
Documents
Complainant filed the following documents at the time of filing this complaint:-
- Copy of sale-deed dated 14/08/06……….1 set……..xerox.
- Copy of Mutation Certificate………1sheet……..xerox.
- Financial Assistance of Rs. 3,31,000/- dated 03/08/2019.
- Copy of letter dated 08/02/2011 issued by IDBI Bank……1 sheet……Xerox.
- Copy of letter dated 15/10/2019 issued by IDBI Bank……1 sheet……Xerox.
- Copy of letter issued by Complainant dated NIL to the Hon’ble General Manager and GRO, IDBI Bank……1 sheet……Xerox.
- Copy of Advocate’s letter dated 15/10/2020 issued by the Ld. Advocate Parimal Chandra Acharjee on behalf of Complainant. ……1 sheet……Xerox.
TRIAL
During Trial Complainant filed affidavit-in-chief.
BNA
Complainant filed BNA.
Contd. To Page No. 2 . . . ./
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C.C. No. 107/2022
Decision with Reasons
We have heard the Ld. Advocate of the Complainant at length. We have carefully gone through the aforesaid documents. We found that Complainant deposited registered sale-deed before the Opposite Parties. Opposite Parties in their letter dated 15/10/2019 admitted that Complainant deposited one original sale-deed before them at the time of taking the loan amounting to Rs. 3,31,000/-.
We found that Complainant is paying the said loan. Regarding disbursement of loan Complainant did not raise any allegation.
But Complainant alleged that aforesaid original deed is lying in the custody of Opposite Parties but they falsely informed him that aforesaid original deed and other documents are destroyed by fire relating to an incident which took place at the storage premises of aforesaid banking authority i.e. Opposite Parties.
We have carefully gone through the said letter. In the said letter it has mentioned that unfortunately a fire incident took place at the storage premises of SDML, Mumbai which was beyond the control of IDBI Bank despite taking adequate and reasonable precautionary measures to keep the original title deeds in a fire proof and strong storage space. In the said letter Opposite Parties not yet mentioned the date of incident. Not yet mentioned any police case was lodged or not. Not yet mentioned any report of fire brigade office. We failed to understand as to why the Opposite Parties suppressed the actual fact.
We failed to understand as to why the Opposite Parties are unable to say the proper place of incident, date of incident and they failed to produce FIR No. and fire brigade report. Accordingly, we find that Opposite Parties failed to established by sufficient documents that original deed of the Complainant was burnt by fire. We have carefully gone through the decision of Hon’ble Supreme Court filed by Complainant in Arun Bhatia Vs. HDFC Bank and Others (5204-5205/2022) and circular of RBI dated 13/09/2023.
Aforesaid fact of the Opposite Parties are nothing but deficiency in service.
On perusal of record we find that Complainant is the Consumer and Opposite Parties are the service provider.
Having regard to the aforesaid discussion and in view of aforesaid decision and circular it is clear before us that Complainant has able to established his grievance by sufficient documents beyond reasonable doubt and accordingly Complainant is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence ,
It is ordered,
Ordered,
That the present case be and the same vide No. C.C./107/2022 is allowed ex-parte against the Opposite Parties with cost of Rs. 5,000/- (five thousand) to be paid by O.Ps in favour of the Complainant.
O.P jointly or severally are directed to hand over the original deed which mentioned in the petition of complaint after full payment of loan amount by the Complainant positively within 45 days from the date of final payment in the loan account or they are directed to pay Rs. 50,000/- to the Complainant within next 45 days failing which Complainant shall have liberty to put this order into execution.
O.Ps jointly or severally are directed to pay compensation amounting to Rs. 20,000/- (twenty thousand) in favour of the Complainant failing which Complainant shall have liberty to put this order into execution.
Let a plain copy of this order be given to the parties free of cost as per CPR, 2005.
Dictated and Corrected by me
President
Member President
