Order-19.
Date-15/07/2016.
The instant complaint relates to Section 12 read with Section 13 of the C.P. Act, 1986 for gross negligence and unfair trade practice.
Complainant’s case, in short, is that the complainant took a home loan amounting to Rs.3,18,000/- at the rate of 8.75 percent interest under certain terms and condition. The complainant also availed the said loan under the mortagage by depositing original title deed as security with the OP Bank vide Loan Account No.1502267 on 20-03-2006. Complainant was paying EMI time to time as per the terms of sanctioned letter. After a few years, in 2015 the OP2 offered one settlement letter to the complainant offering a structured payment plan of Rs.2,20,000/- at one time. Complainant paid and settled the loan amount in full satisfaction by making payment of Rs.2,20,000/- by issuing a bank draft of the UBI being No.689609 against the mortgage loan in the loan account. After passing long period the OPs did not re-convey the original title deed which was deposited to OP2. Complainant served legal notice dated 24-09-2015 but to no result. Hence, this case.
OPs1 and 2 have contested the case in filing written version contending, inter alia, that the petition of the complainant is not maintainable in fact or in law. It is stated that the complainant along with his loan repayment has also kept outstanding balance in his credit card account maintained with the OPs and in the agreement it is categorically mentioned that any party would have to clear all his dues in all the products availed by him. It is alleged that the complainant has filed this case to evade the payment lying due in his credit card account. The OPs have prayed for dismissal of the case.
Point for Decision
- Whether the OPs have failed in rendering service to the complainant?
- Whether the OPs have practised unfair trade in withholding the original title deed of the complainant?
Decision with Reasons
We have perused the documents filed from the side of the complainant, namely, sanctioned letter, offer letter for a structured payment of Rs.2,20,000/-, copy of demand draft of Rs.2,20,000/- deposited with the OP Bank, request letter for re-convey of the original title deed mortgaged with the OP and the legal notice. Admittedly, as it appears in the documents in record, the complainant refunded the entire loan amount of Rs.3,18,000/- along with interest. The letter of settlement and consequent payment of Rs.2,20,000/- vide bank demand draft of UBI being no.689609 go to show that the complainant refunded the entire loan amount along with interest. No document is filed from the side of the OP that the complainant has kept outstanding balance in his credit card as alleged from the side of the OP. It is not also given to understand to us how the housing loan can be related with credit card account? Even if, for argument sake, it is taken for granted that the complainant has outstanding dues in credit card, the OPs can proceed otherwise in accordance to law for realization of the outstanding balance in his credit card. We are afraid the OPs cannot withhold the original title deed, which was deposited by the complainant to them as mortgaged loan security when the complainant has fully paid back/refunded the entire loan amount in favour of the OPs and the OPs have also settled the same. We think that OPs have put up a gesture of unfair trade and deficiency in service. We think that the complainant is entitled to get the relief with compensation.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed on contest against the OPs.
OPs are directed to reconvey the original title deed to the complainant within 30 days from this date of passing order.
OPs are further directed to pay compensation of Rs.40,000/- for causing mental agony and harassment to the complainant apart from litigation cost of Rs.10,000/- within the said stipulated period.
Failure to comply with this order will entitle the complainant to file execution in separate proceeding u/s.25 read with Section 27 of the C.P. Act and in that case OPs will be liable to pay an amount of Rs.200/- per diem as penalty till full and final satisfaction of the decree.
