O R D E R<br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> The brief facts of the complaint filed by the complainant against Opposite parties [hereinafter called as Ops) are that, he availed house building loan advance of Rs.98,000/- on 31-7-1990. As per the order of Director of Heath and Family Welfare services he was liable to pay 179 installments the principal amount at Rs.545/- per installment and interest in 38 installments. That 1st OP had sent letter on 16-10-2009 stating that he had already paid principal amount of Rs.98,000/-. Then he approached 1st OP for issuance of No Due Certificate but he gave evasive answer. He also approached health department officials for issuance of No Due Certificate but despite repayment of loan they have not given correct answer, the 2nd OP in order to have illegal gain has mis-calculated the amount due. That cause of action arose when Ops failed to return No Due certificate. Therefore has prayed for return of security i.e. KGID policy furnished by him and also to award damages of Rs.50,000/- and for issue of No Due Certificate. <br /> <br /> 2. This forum considering the grievance of the complainant had ordered to issue notice to 2nd OP only. Who has appeared through his advocate and filed version. 2nd OP in his version has contended that the complaint against them is not maintainable and the complainant is required to collect clearance certificate from his employer. That there was no transaction between the complainant and himself. That as per terms and conditions of line of credit arrangement between them and Government of Karnataka based on all recommendations and undertaking of Government of Karnataka they advance loans. The Government of Karnataka after receiving the loan request and documents recommend to them for sanction of loan and then the Government will recover from the full salary of beneficiary and pay then. All original documents will be with the employer of the complainant and they are not required to give any No Due certificate and this OP by further contending that the complainant is not entitled for any relief from them and denying his knowledge about the other allegations has prayed for dismissal of the complaint. <br /> <br /> 3. In the course of enquiry into the complaint, the complainant and an authorized person of 2nd OP have filed their affidavit evidence reiterating what they have stated in their respective complaint and version. The complainant along with the complaint has produced loan sanction order issued by the Director of Health and Family Welfare Service, a letter of Treasury and a copy of loan sanctioning order. We also find a copy of deduction made towards interest part. We have heard the counsel for both the parties and perused the records. <br /> <br /> 4. On the above contentions following points for determination arise.<br /> 1. Whether the complainant proves that the 2nd OP has caused deficiency in his service by not returning the security documents and by not issuing No Due Certificate <br /> 2. To what reliefs, the complainants are entitled to?<br /> <br /> 5. Our findings are as under:<br /> 1. Answer Point No.1: In the negative <br /> 2. Answer Point No.2: To see the final order.<br /> <br /> REASONS<br /> <br /> 6. Answer on Point No.1: The complainant by producing house building loan sanction order issued by the Director of Heath and Family Welfare Service has admitted that he had taken loan of Rs.98,000/-. On perusal of the version of 2nd OP it is found that Government of Karnataka through Health department after getting itself satisfied the eligibility of the complainant for loan and satisfying itself about the documents furnished by him recommended the case to 2nd OP which has paid loan amount to the complainant. Therefore as rightly pointed out by 2nd OP there was no transaction between the complainant and 2nd OP and it was only between the complainant and Government of Karnataka through the Director of Health and Family Welfare Service. The 2nd OP only concerned about its loan repayment with interest. All documents of the complainant will be with the employer of the complainant. The complainant though has stated that despite repayment of loan amount, Ops have not returned his security documents and not issued No Due Certificate. <br /> <br /> 7. As admitted by the complainant, he had taken loan of Rs.98,000/- and he was liable to pay interest on it. As stated by him in the complaint and affidavit evidence, he had only repaid Rs.98,000/- towards principal amount but has not paid interest accumulated on it. Therefore when that is the admitted position the complainant cannot ask for return of security documents and for issue of No Due Certificate. Even as per letter of the Director of Treasury dated 16-10-2009 produced by himself the complainant as on that date of the letter had paid Rs.51,005/- towards interest and was still due Rs.39,564/- towards balance interest payment. It is further stated in this letter that the complainant was told to pay that balance interest amount within October – 2009 and clarified after payment of balance amount and adjustment clearance certificate will be issued. It is not the case of the complainant that he has paid balance interest amount as demanded on 16-10-2009 and despite that clearance certificate is not issued. Therefore in the absence of payment of entire amount of housing loan the complainant is not entitled for return of security documents and for No Due certificate or clearance certificate. This issue is between the complainant and his employer as stated by 2nd OP it has no roll in this regard. It was only on repayment of loan amount with interest the relief can be granted and not until then. Having regarded to this un-disputed position the complaint is therefore is held as not maintainable with the result, we answer Point No-1 in the negative and pass the following order.<br /> <br /> <br /> <br /> O R D E R<br /> <br /> Complaint is dismissed. Parties to bear their own costs.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open Forum on this the 25th June 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT <br /> <br /> <br />