IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.

CASE No.CC/ 144/2015.

 Date of Filing:    23.09.2015.                                                                                Date of Final Order: 17.08.2016.

Complainant :  Subhasis Dutta, S/O Brajadulal Dutta,

                         Prop. of Dutta Enterprise, having office at Vill.&P.O. Balarampur,

                         P.S. Berhampore Town , Dist. Murshidabad.

-Vs-

Opposite Party: The Manager, Bangiya Gramin Vikash Bank,  Vill. Choapur,

                           P.O.& P.S. Berhampore, Dist. Murshidabad.

                       Present:                                 

                                         Sri Samaresh Kumar Mitra ……………………..Member.           

                                         Smt. Pranati Ali ……….……………….……………. Member

FINAL ORDER

             Instant complaint has been filed by the complainant u/s 12 of C. P. Act, 1986 , for the direction to the OP to return and or handover the Title Deed record of right along with other documents deposited as equitable mortgage and issue a ‘No Due’ certificate as well as to pay a compensation to the complainant.

            The complainant’s case, in brief, is that the complainant/Subhasis Dutta borrowed money of Rs.4,00,000/- from the OP/Manager, Bangaiya Gramin Vikash Bank, for his business of manufacturing Steel  furniture , named Dutta Enterprise for his livelihood. The complaint also stated that when his business was running at loss, the OP Bank considering loss made a compromise settlement with a sum of Rs.2, 36,800/- from the complainant on 11.02.2015. The complainant repaid the amount to the OP by four installments and the OP also accepted the same but did not return the Title Deed including security documents and No Due certificate. After liquidation of loan, several requests were made and even the notice demanding security documents was sent but the OP retained those documents, which is an example of deficiency in service and or unfair trade practice. So, the complainant was bound to file this case for proper redress.

            On the other hand the OP is absent in this case in spite of receiving the notice. So, the proceedings run ex parte against the Op Bank.

            The only point for consideration is that whether there is any deficiency in service on the part of the OP or not and or whether the complainant is entitled to get any relief or not.

                                                                  Decision with Reasons.

            It is pertinent to mention that the complainant has submitted a few documents in support of his case.

            Perused the record, we observed that from the documents submitted by the complainant, it is evident that the complainant repaid the compromised settlement amount in full in time. So, he has a right to get back his security documents along with Title Deed, as because the OP also accepted the dues from the complainant, which is evident from the Xerox copy of the statement. So, it is clear picture of deficiency in service on the part of the OP, because we are unable to find any cogent reason behind this retention of all the security documents along with Title Deed to the complainant.

            The case being taken for ex parte hearing, there is no scope to rebut the evidence of the complainant.

            Relying upon the evidence adduced by the complainant and also considering the documentary evidence as to return of documents along with titled deed by the OP, We have no other alternative but to conclude that the complainant is entitled to get an order ex parte for return back the security documents along with Titled Deed and No Dues certificate as well as to pay Rs.5000/-as compensation to the complainant by the OP.

            Hence,

                                                                 Ordered

that the Consumer Complaint No. 144/2015 be and the same is hereby allowed ex parte without any order as to cost.

            The OP/Bank is directed to do accordingly to return back the security documents along with Title Deed and the no dues certificate and to pay Rs.5000/- as compensation to the complainant by the OP within 45 days from the receipt of this order , failing which the OP has to pay Rs.50/- per day’s delay as fine and the amount shall be deposited in the Consumer Legal Aid Account.

Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post  to the concerned parties as per rules, for information and necessary action.