Date:12/07/2021
Com/s By:
OPs:
ORDERS ON ADMISSION
Complainant has filed this complaint against the Manager, Canara Bank, Mahalakshmi Layout Branch, Bangalore, praying the forum to direct the bank to transfer the loan obtained by his vendor and after paying the entire loan amount to hand over the documents and further Rs.1,00,000/- as damages for causing mental agony and torture and harassment.
The brief facts of the case are that;
The complainant purchased a house property bearing Khata No.496, situated at Andrahalli Village, Bangalore from its owner, who was having a loan against the said property. After getting the same registered in his name, he requested the OP by making an application to transfer the loan which was obtained by the previous owner, whereas the OP bank refused to do so for the reasons best known to it. Since in order to avoid auction of the said property he is paying the EMIs of the loan obtained by his vendor. The act of non transferring the loan amount, amounts to deficiency in service and harassment and hence the complaint.
Complainant has produced the registered Sale Deed executed by one Narayana Gowda, his wife Kempajamma, his son N.Prasanna Kumar and daughter Sunitha, executed through Smt.Sharadamma, GPA holder in his favour for a sum of Rs.7,33,000/-. There is no mention in the said Sale Deed that the said property has been mortgaged with the OP bank to raise the loan. Even the Encumbrance Certificate has not been produced by the complainant.
Further the bank account statement produced to show that he has transferred Rs.7,500/- to account No.0886619000137 every month commencing from 21st May 2013 up to March 2021. Whereas the Sale Deed has come into existence on 21.03.2011. If at all there was any mortgage of the property, the complainant ought to have obtained the permission from the bank to purchase the said property subject to transfer of the loan or assignment of the mortgage. No documents have been placed by the complainant to show that his vendor has taken loan and mortgaged the property. He has produced copy of the notice given to the bank, wherein the bank manager has acknowledged and received the application and endorsed that they are not in a position to transfer the loan account and to return the original documents. However competent authority orders, they will do the needful.
In this complaint, no deficiency in service can be made out, since, first of all complainant has not placed any materials to show that his vendor has taken the loan by mortgaging the property, secondly not produced any documents requesting the OP to transfer the loan account to his name by paying the required transfer charges and other charges and also the consent of his vendor for such a transfer.
Since there is no relationship of Consumer and Service provider between the complainant and OP, this complaint do not fall under the provisions of the Consumer Protection Act. Hence deserves to be dismissed. Hence this complaint is dismissed as not maintainable. Complainant is directed to tack back the documents and extra sets filed.
MEMBER PRESIDENT
