The Complainant   has filed this complaint against the O.P under section 35 of the Consumer Protection Act 2019 and praying for following Order / Relief –

1.    Direction upon the Opposite Party bank to return back all the documents i.e. L.I.C Policy being no. 450061311 dated 15.10.1992 and the flat purchased by deed no. 1138 dated 25.04.2005.
2.   Direction upon the Opposite Party bank to pay the excess amount so deposited at the request of the OP Bank along with an interest @10% from the date of realization till the date of actual payment.
3.     Direction upon the Opposite Party bank to pay compensation of Rs. 50,000/- for the loss incurred by the Complainant for not returning the documents i.e.   L.I.C Policy being no. 450061311 dated 15.10.1992 and the flat purchased by deed no. 1138 dated 25.04.2005.
4.     Direction upon the Opposite Party bank to pay compensation of Rs. 1,00,000/- to the Complainant for mental agony, trauma and  financial loss due to the harassment by the OP Bank.
5.    Direction upon the Opposite Party bank to pay litigation cost of Rs. 10,000/- to the Complainant.
6.     Any other relief/ reliefs the Hon’ble Commission is further pleased to award                           

                                   BRIEF FACTS OF THE COMPLAINT

1.                         That the Complainant has a cash credit/ loan account being no. 00660600008274 in the OP Bank since 2005 and at the time of availing cash/credit loan account in the OP Bank, the OP Bank has asked to deposit as security against the said account, the registered deed being no. 1138 dated 21.04.2005 and policy document of LIC Being no. 450061311 dated 15.10.1992 and the Complainant submitted the same.
2.                         That the Complainant availed the loan in the year 2005 and since then he is paying installment at regular intervals and when the Complainant suddenly became ill failed to pay installments in time and the said loan/ cash credit account of the Complainant has been termed to NPA in the year 2020.
3.                         That the OP Bank by letter dated 11.11.2020 requested the Complainant  to pay the overdue amount including interest of Rs. 4,06,700/- within 20.11.2020 and further stated that, the said account will be slipped to NPA on failing to pay the same.
4.                         On 25.11.2020 the Complainant requested the OP Bank to allow the Complainant to deposit the said amount in installment by pleading his inability to pay the entire amount and after consultation with the OP Bank the Complainant deposited Rs. 2,03,350/- on 25.11.2020 which was 50% of the overdue amount.
5.                         That the OP Bank on 28.10.2021 served possession notice wherein the OP bank has created a charge on the same property for an amount of Rs. 211494.52 /-
6.                         That on 12.11.2021 the Complainant had repaid the entire overdue amount including interest accrued thereon amounting to Rs. 2,15,000/- and in order to repay the overdue amount of Rs. 2,15,000/- the wife of the Complainant had to avail a gold loan from the OP Bank under NCO AGRI GOLD allied wail activities Scheme by depositing her gold ornaments.
7.                         That the Complainant had repaid the entire overdue amount as stood on 12.11.2021 yet the Complainant has failed to close his said loan account and also failed to return back all documents deposited as security/ mortgage/ pledged for availing the said loan.
8.                         That when the Complainant enquired for his documents to the OP Bank on 04.05.2022, they requested the Complainant to pay further sum of Rs. 18,000/- so that the documents can be returned back to the Complainant and thereby the Complainant on 04.05.2022 deposited a sum of Rs. 18000/- but the OP Bank has not returned back the said documents till date.
9.                         That the Complainant after taking bank statements of his loan account came to know that the OP Bank wrongly asked the Complainant to deposit Rs. 18,000/- although his overdue amount along with interest as stood on 12.11.2021 was cleared on 12.11.2021 and the OP Bank has neglected to return back the documents to the Complainant and as such he has been suffering from mental pain and agony and could not encash the amount payable at maturity of his LIC Policy being no. 450061311 dated 15.10.1992 and in the enjoyment of the flat purchased by the Complainant by deed no. 1138 dated 25.04.2005 which was mortgage to the OP Bank.
10. That finding no other alternative the Complainant send letter dated 10.02.2023 requested the OP Bank to return bank all the documents and the excess amount so deposited at the OP Bank together with interest accrued thereon so that no further loss is caused to the Complainant but the OP Bank made no reply to the notice of the Complainant.
11. That the Complainant is a consumer and the OP is a service provide and providing the service but the OP has involved itself in unfair trade practice for which the Complainant has filed this case.
12.             That the cause of action of this case arose on 12.11.2021 when the Complainant repaid the entire amount of Rs. 2,15,000/- and thereafter on 04.05.2022 when the Complainant further deposited a sum of Rs. 18,000/- as per request of the OP Bank so that the documents can be returned and thereafter on 10.02.2023 when the Complainant issued the notice to the OP and the cause of action is still continuing within the jurisdiction of this Commission. 

TO PROVE THE CASE THE COMPLAINANT FILED THE FOLLOWING DOCUMENTS BY MAKING A FIRISTY:

1. Bank Statement of the Complainant of UCO Bank A/C No.- 00660600008274.
2. UCO Bank Gold loan statement dated 05.11.2021.
3. LIC Policy of the Complainant being no. 450061311.
4. Copy of deed being no. 1138 dated 21.04.2005.
5. Bank Deposit slip of UCO Bank amounting to Rs. 2,03,050/- dated 25.11.2020.
6. Copy of the letter issued by the OP Bank dated 11.11.2020.
7. Copy of the letter to the opposite party dated 26.11.2020.
8. Copy of letter issued by the OP Bank dated 10.12.2020.
9. Copy of letter dated 10.02.2023 along with postal receipt dated 10.02.2023.

Notice was issued from this Commission for servicing the same upon the OP. Despite receiving the notice the OP did not turned up before this Commission to contest this case. Accordingly, the case is proceeding exparte against the OP.

Having heard the Ld. Advocate of Complainant and on perusal of the Complaint, as well as documents filed by the Complainant, the following points are to be decided by this Commission.                           

POINTS FOR CONSIDERATION                 

1. Whether the Complainant   is a consumer?
2. Whether the case is maintainable under the C.P. Act 2019?
3. Whether there is any deficiency in service on the part of the O.P. as alleged by the Complainant?
4. Is the Complainant   entitled to get any award and relief as prayed for as per the prayer of his Complaint?

                        DECISION WITH REASONS

     All the points are taken up together for discussion to avoid unnecessary repetition and for sake of convenience and brevity of this case.

     The Complainant was given opportunity to prove its case by producing evidence. In order to prove its case the Complainant himself has filed the written deposition in the form of an affidavit. The Complainant has also filed the above stated documents by a firisty.

     In the written deposition the Complainant has categorically corroborated the contents of his complaint wherein he stated that on which day the Complainant took the loan from the OP Bank. He also corroborated that he produced LIC certificate as well as sale deed of his flat to the OP for availing the said loan. The Complainant has further stated that as per direction of the OP Bank he cleared up the entire amount including a sum of Rs. 18,000/- to the OP Bank which the Bank asked the Complainant to pay the same for returned back his documents. From the written deposition it also reveals that on 04.05.2022 the OP Bank requested the Complainant to pay the sum of Rs. 18,000/- for getting back his documents and on oath the Complainant has specifically stated that on the self same day i.e on 04.05.2022 the Complainant deposited the sum of Rs. 18,000/- to the OP Bank but the bank authority did not returned back the LIC Certificated as well as Sale Deed of the flat of the Complainant.

     At the time of argument Ld. Advocate of the Complainant submits that the Complainant has been able to prove this case against the OP and the Complainant has also been able to prove the fact that there was deficiency in service on the part of the OP who despite receiving the entire due amount did not handover the LIC Certificate as well as Deed of Sale of  a flat to the Complainant. Ld. Advocate of the Complainant further argued that the Complainant has been able to proves his case not only through his written evidence but also the Complainant has produce the required documents including the bank statement, gold loan statement, LIC policy, copy of deed, bank deposit slip, copy of letter issued by the bank before this Commission. By arguing before this Commission Ld. Advocate of the Complainant submits that the Complainant is entitled to get the relief as prayed for.

     Having heard the Ld. Advocate of the Complainant and on perusal of the complaint, written evidence of the Complainant as well as documents filed by him it reveals that the Complainant has been able to prove his case to the effect that he cleared up the entire loan amount to the OP Bank being no. 00660600008274. Ld. Advocate of the Complainant has also been able to prove the fact that, prior to availing the cash/ credit loan from the OP Bank the Complainant had to deposit LIC Policy document being no. 450061311 dated 15.10.1992 and also deposited registered deed being no. 1138 dated 21.04.2005 to the OP Bank. From the evidence of the Complainant it further reveals that, the Complainant sent letter dated 10.02.2023 to the OP Bank to get back his documents as well as the excess amount which he paid to the bank as per request of the bank but the OP bank neither gave any reply nor returned back those documents to the Complainant which clearly proves that there is a gross deficiency on the part of the OP Bank who deliberately harassed the Complainant by not handing  back the documents as well as by not refunding a sum of Rs. 18,000/- which they received from the Complainant which is reflected in the bank statement of the Complainant. Moreover, the Complainant has been able to prove the fact by producing his bank statement that, the entire overdue amount along with interest as stood on 12.11.2021 was cleared on 12.11.2021 itself but the OP Bank received a sum of Rs. 18,000/- on 04.05.2022.

          Considering the unchallenged evidence of the Complainant and considering the documents filed by the Complainant we are of the view that the Complainant has been able to prove its case against the OP bank and he is entitled to get the relief as prayed for.

                      Hence, it is therefore,

                                                                        ORDERED

      That the instant Consumer Case being is No 20/2023 is herby    allowed on exparte against the OP but in part.

The OP is directed to return back all the documents i.e.L.I.C Policy Certificate being no. 450061311 dated 15.10.1992 and the flat purchased by deed no. 1138 dated 25.04.2005 to the Complainant within a period of 45 days from this day.

The OP is also directed to refund back the sum of Rs. 18,000/- to the Complainant which they excessively receive the same from the Complainant.

The OP is further directed to pay a sum of Rs. 30,000/- to the Complainant for deficiency in service as well as for mental pain and agony caused to the Complainant by not delivering the LIC policy documents along with the sale deed.

The OP is further directed to pay a sum of Rs. 5,000/- to the Complainant towards cost of legal proceedings.

The OP is also directed to pay a sum of Rs. 10,000/- in the Consumer Legal Aid Account of this Commission.

The OP is directed to pay interest @5% per annum on Rs. 18,000/- w.e.f 04.05.2022 till making payment of the entire amount.

The OP is further directed to pay the awarded amount within 45 days from this day failing which the Complainant will have the liberty to take proper steps against the OP as per law.

     Let s copy of this order be given to the Complainant free of cost.