Order No.  7  dt.  24/08/2017

       The case of the complainant in brief is that the complainant is a retired employee of Income Tax Deptt. During the course of his employment he took house building loan of Rs.3,45,000/- from his office. The complainant repaid the said loan within March 2013. The complainant deposited the original title deed in respect of the property purchased by him to o.p. After repayment of the said loan amount the complainant demanded the said title deed lying with o.p. but o.p. did not handover the same for which the complainant filed this case praying for direction upon the o.p. to return the original title deed as well as compensation and litigation cost.

        The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant was provided with the house building advance by the department. It was also stated that the original title deed submitted by the complainant is missing from the office of o.p. and o.p. took various steps to trace out the said deed and a departmental committed was also formed, but they could not trace out the said deed. On the basis of the said fact o.p. submits that since the case does not fall within the purview of the C.P. Act, as such, the case may be dismissed.

            On the basis of the pleadings of parties the following points are to be decided:

1. Whether the complainant took house building loan from o.p.?
2. Whether the complainant handed over the original title deed as a security of the said loan?
3. Whether the complainant repaid the loan amount?
4. Whether the o.p. failed to hand over the original title deed in spite of repayment of the loan amount?
5. Whether there was any deficiency in service on the part of o.ps.?
6. Whether the complainant will be entitled to get the relief as prayed for?

Decision with reasons:

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. lawyer for the complainant argued that the complainant was an employee under o.p. and during the course of his employment he took house building loan from o.p. It was further stated that at the time of obtaining the loan the complainant handed over the original title deed to o.p. The complainant subsequently repaid the entire loan amount to o.p. and demanded the said deed, but the same was not provided to him for which the complainant filed this case praying for direction upon o.p. to return the said original title deed along with other reliefs.

            Ld. lawyer for the o.p. argued that it is an admitted fact that the complainant took house building loan from o.p. and he also repaid the entire loan amount. After obtaining the original title deed from the complainant it was in the custody of o.p. but somehow it was lost for which the complainant can be given necessary compensation for the fault made on the part of o.p.

            Considering the submissions of the respective parties it is an admitted fact that the complainant was the employee under o.p. and he was attached to Aayakar Bhawan, Chowringhee Square, Income Tax Deptt. as Administrative Officer, Grade II. During the course of his employment he took house building loan from o.p. and it is also admitted fact that the complainant repaid the entire loan amount. It is also found from the materials on record that the complainant deposited the original title deed to o.p. at the time of obtaining the said loan. It is undisputed fact that after the payment of the entire loan amount by the complainant, he demanded the original title deed, but o.p. failed to hand over the same to the complainant. In view of such materials on record we hold that there was gross deficiency in service on the part of o.p. and as such, the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.

            Hence, ordered,

            That the CC No.120/2017 is allowed on contest with cost against the o.p. The o.p. directed to hand over the original title deed to the complainant within 30 days from the date of communication of this order, failing which the complainant will be entitled to get compensation of Rs.1,00,000/- (Rupees one lakh) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only from the  o.p. within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.           

            Supply certified copy of this order to the parties free of cost.