C.C. No.31/2019

Sri Niranjan Mohapatra,

S/o. Late Kashinath Mohapatra,

Vill.- Chandagaon,

P.O.- Nabapatna,

P.S./Dist.- Jagatsinghpur.                                      ……………. Complainant

                           (Versus)

1. The Chief Manager,

State Bank of India,

Jagatsinghpur ADB,

At/P.O./P.S./Dist.- Jagatsinghpur.

2. Pramila Nayak,

W/o. Basant Kumar Nayak,

Vill.- Chandagaon Majurai,

P.O.- Nabapatana,

P.S./Dist.- Jagatsinghpur. …..… Opposite parties

For Complainant………..Mr. S.M. Mishra, Advocate

For O.P. No.1………..Mr. T. Mohanty, Advocate

For O.P. No.2………..Mr. A. Prusty, Advocate

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                              JUDGMENT

            Failure to return the pledged documents like ROR, Regd. Sale deed and E.C. to the guarantor of loan is the grievance of complainant and the complainant has filed the consumer complaint to return ROR of Khata No.651 of village Chandgaon Majurai, original sale deed No.1144 dtd.22.6.2018 and E.C. dt.19.3.2010 and compensation of Rs.25,000/-.

            The opposite parties have objected the consumer complaint regarding it’s maintainability and it is stated that the complainant as guarantor has not paid any consideration as such he is not a consumer and further stated that the documents might have been taken and to harass the opposite parties the complainant has filed the consumer complaint.

            Complainant as guarantor for loanee had pledged his landed property documents and for paying the loan and interest the loanee is liable and paid consideration as such complainant being guarantor is coming within the purview of C.P. Act, 1986 as defined U/s.2(G) of C.P. Act, 1986 as the loanee is paying for the loan, so the opposite parties cannot deny the responsibility to return the documents which the opposite parties had kept.

            Non return of original documents to guarantor amounts to deficiency in service after the loanee has paid the entire loan and cleared the dues and obtained NOC.

            We therefore direct the opposite parties to return the original documents or obtain certified copies of the ROR, Sale deed and E.C. and return the complainant within 3 months from the date of passing of the order and pay cost of Rs.5,000/- towards mental agony and Rs.3,000/- towards cost of litigation. If the opposite parties fails to return original or certified copy then the opposite parties shall pay cost of Rs.25,000/- and complainant shall obtain his certified/duplicate copies from appropriate authorities besides cost of litigation and mental agony. With the aforesaid observation and direction the consumer complaint is disposed of.  

            Pronounced in the open Commission on this 26^th July,2024.