Order No. 8 dt. 13/06/2019
The case of the complainant in brief is that the complainant applied for a housing loan of Rs.3 lakhs to o.p. which was sanctioned in favour of the complainant and in the sanction letter it was categorically stated that the complainant would have to pay @ Rs.3405/- as EMI. The complainant after availing the said loan amount repaid the same as per the terms and conditions of the agreement. The complainant wanted to have the original deed and other necessary documents from o.p. but o.p. failed to provide the same, for which the complainant filed this case praying for direction upon the o.p. to handover the deed of conveyance and other documents including ‘No Due Certificate’ as well as to pay compensation and litigation cost.
In spite of receipt of notice the o.p. did not contest this case by filing w/v and as such, the case has proceeded ex parte against the o.p.
The complainant did not file any evidence and by filing a petition it has stated that the petition of complaint be treated as evidence.
Ld. lawyer for the complainant filed BNA and he emphasized that in spite of payment of entire dues to the o.p., the o.p. has not released the documents in favour of the complainant, for which the complainant had to file this case. Ld. lawyer for the complainant in support of the said contention relied on a decision as decided by Hon’ble State Commission in respect of CC.332/2015 whereby Hon’ble State Commission was pleased to impose compensation of Rs.2 lakhs and litigation cost of Rs.10,000/- upon the o.p. bank for not releasing the documents in favour of the complainant. On the basis of the said fact ld. lawyer for the complainant emphasized that the complainant will be entitled to get the documents as submitted by him during the time of obtaining loan from o.p. bank. Since the evidence of the complainant has remained unchallenged, therefore, ld. lawyer for the complainant emphasized that it is a fit case to allow the prayer of the complainant.
On perusal of the record we find that though the complainant has claimed that he paid the entire amount and before filing of this case it appears that the bank wherefrom the complainant obtained loan issued a notice u/s 13(2) of SARFAESI Act, 2002 wherefrom it appears that notice was issued upon the complainant on 21.8.18 whereby the complainant was asked to pay the amount due to the bank to the tune of Rs.1,08,292/- as stood on 21.8.18. The complainant failed to substantiate his claim that he paid the said amount. Because of non payment of dues the said notice was issued and symbolic possession of the said flat has been taken by the authorized officer of the bank. The said notice was served upon the complainant on 21.8.18. If a notice is issued u/s 13(2) of SARFAESI Act the jurisdiction of the Civil Court is ousted as per the SARFAESI Act. The complainant after receiving the said notice and by suppressing the fact that he paid the entire dues to the bank falsely filed this case by manufacturing the case against the o.p. in order to evade the liability of payment of the dues to the bank. The complainant could have raised his objection regarding the claim of the bank before DRTC, instead of availing that Forum by suppressing the fact and making false claim against the o.p. bank has filed this case. The judgment as cited by the complainant the fact of the said case has got no similarity with this case, therefore, this Forum is not inclined to take note of the said judgment passed by Hon’ble State Commission. Having regard to the said fact since the complainant by suppressing the material fact and in order to hoodwink the court and filed this case and with an object to have the documents so that he can transfer the property to a 3rd party. This Forum cannot be taken into consideration as a party to the mischief committed by the complainant. Having regard to the said fact we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus the case is disposed of accordingly.
Hence, ordered,
That the CC No.64/2019 is dismissed ex parte without cost against the o.p.
