Manager, SBI Jamgram branch to give clearance certificate to him and to pay Rs.30,000/- as compensation for mental agony and harassment and Rs.20,000/- for loss of prestige and also cost of case.
The case of the petitioner is that he has taken a loan from the oP Bank being his loan account no.01569060112 and he repaid the loan and the oP has returned his Deed as well as the deed of the guarantor which were mortgaged . The oP closed the loan account after full and final settlement of the loan and the petitioner requested the Op to give clearance certificate to that effect . The Op did not issue clearance certificate to the petitioner to harass him and the same amounts to deficiency in service on the part of the Bank . The petitioner issued Advocate’s letter but in vain, resulting the case was filed.
The OP Bank contested the by filing a written version denying the allegations made in the claim petition and submitted that the case is not maintainable as barred by limitation and also petitioner has no cause of action to file the case . The OP further submitted that the OP Bank filed one Civil case against the petitioner for recovery of outstanding dues . It is true that the petitioner applied for compromise on 26.2.2007 for repayment of dues and on
27.1.2009 the petitioner repaid the outstanding dues of Rs.62,000/- and there is no rule that the Bank is to issue clearance certificate in favour of the loanee. Thus, the case is liable to be dismissed.
On the above cases of the parties the following issues are framed :
Is the case maintainable in its present form ?
Is the case barred by limitation ?
Has the petitioner any cause of action to file the case ?
Is there any deficiency in service on the part of the OP/Bank?
Is the petitioner entitled to get the relief as prayed for ?
DECISION WITH REASONS :
All the points are taken up together for the sake of convenience and brevity of discussion and to skip of reiteration.
In support of his case the petitioner Shyamal Kumar deposed before the Forum as PW 1 in the form of filing an affidavit in chief wherein he submitted that he has taken a loan from the oP Bank being his loan account no.01569060112 and he repaid the loan and the oP has returned his Deed as well as the deed of the
guarantor which were mortgaged . The oP closed the loan account after full and final settlement of the loan and the petitioner requested the Op to give clearance certificate to that effect . The Op did not issue clearance certificate to the petitioner to harass him and the same amounts to deficiency in service on the part of the Bank . The petitioner issued Advocate’s letter but in vain, resulting the case was filed. He filed three documents namely A/d card in the name of Manager, SBI and one Advocate’s letter wherefrom it is noticed that after repayment of the loan after full and final settlement the Op Bank did not issue clearance certificate which amounted to deficiency in service on the part of the Bank and if no such certificate issued then the petitioner would take legal action against the OP. The Op though did not file any affidavit yet in the WV in para 16 they admitted that on the loan matter the oP Bank filed a Civil case and in para 18 they further submitted that the petitioner applied for a settlement and the matter was settled as the oP paid Rs.62000/- on the sanction of the appropriate authority of the Bank on 27.1.2009. The entire outstanding dues was repaid and they did not issue the clearance certificate as there is no such rule. However, this forum on scrutiny of the cases of the parties finds that even though the petitioner took a loan yet he repaid the whole outstanding dues as has been admitted by the
op in para 18 of the WV of the Op and there remaining no balance dues the Op/Bank has no bar to issue a clearance certificate in favour of the petitioner, even though his documents which were kept mortgaged was returned.
This Forum heard the learned counsels of both sides as well as perused the Written argument filed by the parties and keeping in mind the respective cases of the parties and the oral and documentary evidences filed in favour of the cases finds that the OP Bank admitted that the loan account number 01559060112 was closed on repayment of the whole outstanding dues of Rs.62,000/- and they did not issue any clearance certificate. This is a clear fiscal dispute where the OP Bank issued loan to the petitioner and the petitioner after repayment of the loan is entitled to a clearance certificate as the dispute being a clear fiscal dispute . For the recovery of loan as the Bank issues recovery certificate against a loanee and in the same manner the Bank should issue a clearance certificate when the loan is fully paid as such, issuance of clearance certificate would being an end to the fiscal dispute which is different from a common dispute between the parties.
In view of the above the petitioner succeeded in proving his case as all the above issues are decided in his favour and he is entitled to relief as prayed for.
Court fees paid is correct.
Hence ordered
That the C.Case no. 120 of 2014 be and the same is allowed on contest with cost of Rs.1,000/- be paid by the OP to the petitioner. The petitioner is entitled to get a clearance certificate from the OP Bank who is to issue the same in favour of the petitioner within 30 days from the date of this order. The petitioner is also entitled to get compensation for a sum of Rs.2,000/- for the mental agony and suffering and harassment and litigation cost of Rs.2,000/-. If the oP Bank does not comply the above order of the Forum then the petitioner would be at liberty to file execution case against the oP and also 9% interest would accrue on the above some.
Let a copy of this order be made over to the parties free of cost.
