Ld. Advocate(s)
For Complainant: Shyamal Kumar Ghosh/Mridula Roy (CAB)
For OP/OPs : Atindra Biswas
Date of filing of the case :17.12.2018
Date of Disposal of the case :14.08.2023
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Final Order / Judgment dtd.14.08.2023
Complainant above named filed this complaint against the aforesaid opposite party u/s 12 of the Consumer Protection Act, 1986 praying for relief as per his prayer.
He alleged in the petition of complaint that OP granted two house building loans in favour of the complainant for the amount of Rs.2,20,000/- and Rs.1,00,000/- against mortgage of original deed of the house building of the complainant, LIC Policy and other allied papers and instruments. EMI was fixed at the rate of Rs.2,640/- per month and at the rate of Rs.1,610/- per month. Complainant paid all the EMI within the prescribed period but OP /Bank not yet returned the original document in favour of the complainant. Hence the complainant filed this case and prayed for direction to return the original deed and other documents.
OP contests the case by filing a W/V. He denied the entire allegations of the complainant. He further contended that complainant took loan of Rs.2,20,000/- and Rs.1,00,000/-. After getting the original deed in the name of complainant, bank kept the same in the loan file. Thereafter, in the month of May, 2010 complainant took his original deed and chain deed for the purpose of mutation from the custody of the bank. Thereafter, complainant returned the same on 20.07.2010. He has returned some original deed/chain deed without his own original deed to the bank. Subsequently after closure of his loan he claimed to return his deed on 10.06.2015 though the loan was closed on 11.02.2015. After a prolonged period of two years that is beyond the period of limitation which has specified in the Consumer Protection Act, 1986. On his request bank issued him no dues certificate on 02.01.2018. It is to be mentioned that the bank authority normaly issued no dues certificate to every person who requested the bank to issue the same while taking a loan from some others bank. So date of issue of no dues certificate does not create any cause of action. He prays for dismissal of the case
Trial
During trial complainant filed affidavit in chief. OP filed questionnaire and complainant filed answer. OP filed affidavit in chief. Complainant filed questionnaire and OP gave answer.
Documents
Complainant filed the following documents.
- Original copy of No dues certificate dated 02.01.2018...........(One sheet)
- Original copy of receiving endorsement of Allahabad Bank dated 20.07.2010..........(One sheet)
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- Original copy of letter for return of Mortgaged deed and etc issued by complainant to OP/Bank dated 10.06.2015..........(One sheet)
- Xerox copy of letter for original deed issued by complainant to OP/Bank dated 27.11.2018...........(One sheet)
Brief Notes of Argument
Complainant filed BNA. OP filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP, affidavit in chief filed by the complainant, documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP. We have carefully considered these documents.
On perusal of affidavit in chief, we find that complainant corroborated the allegations which he mentioned in the petition of complaint. OP also corroborated his contention which he mentioned in the affidavit in chief.
Complainant alleged that he took two house building loans vide number KNGR/RBB/HL/300499 AND KNGR/RBB/HL/300904 for the amount of Rs.2,20,000/- and Rs.1,00,000/-. Complainant further stated that he completely closed those two loan accounts on 22.03.2023 and 11.02.2015. OP admitted the said fact in his W/V.
So it is clear before this Commission that complainant paid the entire amount in respect of aforesaid two loan accounts. Complainant further stated that on 20.07.2010 he took original deed from the OP in the month of May, 2010 and returned the same to the OP/Bank on 20.07.2010 and on that time he took one receipt from the OP/Bank.
On perusal of original receipt dated 20.07.2010 filed by the complainant , we find that OP /Bank issued the said receipt he stated in the said receipt that he received back the original deed form the complainant in connection with account RBB300499 and 300904, so it is clear before us that complainant returned back the original deed which he took from OP /Bank for the purpose of mutation. OP stated in the W/V that complainant took deed and chain deed for the purpose of mutation from the custody of the bank. But complainant stated in the petition of complaint that he took only the original deed that is one deed from the OP /Bank for the purpose of mutation. OP did not produce any document in support of the fact that they handed over the original deed and chain deed at the hand of the complainant for the purpose of mutation. So it is clear before us that OP/Bank failed to prove the said fact by sufficient documents. So it can be safely save said that OP/ Bank
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did not hand over the original deed and chain deed in favour of the complainant for the purpose of mutation. Moreover, it has been clearly mentioned in the aforesaid receipt dated 20.07.2010 issued by OP/Bank in favour of the complainant that complainant returned the original deed in favour of the OP which he took from the OP / Bank.
From the aforesaid discussion, it is clear before us that OP /Bank did not return the documents which were produced before them by the complainant for mortgage at the time of taking of aforesaid 2 loan.
OP further stated in the W/V that complainant claiming the said document after lapse of more than two years. He further stated that such type of claim of the complainant is barred by limitation. He also stated that limitation for filing a complaint before the Consumer Commission is two years so the aforesaid claim of document of the complainant is also barred by Consumer Protection Act, 1986. OP /Bank failed to produce any document/circular/G.O./Rules in support of their contention that no customer can claim any document from the bank after two years from the closure of loan account. In Consumer Protection Act, 1986 or in Consumer Protection Act, 2019 no such provision has mentioned that loanee cannot claim document from the bank after two years from the date of closure of loan account. So such type of plea of the OP is not entertainable and hence same is rejected.
On careful perusal of record , we find that complainant is the consumer and OP is a service provider.
Having regard to the aforesaid facts and circumstances of this case and documents on record , it is clear before us that complainant has established his grievance by sufficient documents beyond reasonable doubt and accordingly complainant is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP with cost of Rs.5,000/- (Rupees five thousand) to be paid by OP in favour of the complainant.
OP is directed to return the original deed of the complainant, L.R R.O.R and other documents of the complainant which he deposited before him at the time of taking aforesaid two house building loans
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within 45 days from this day or to pay Rs.1,00,000/- (Rupees one lakh) in favour of the complainant as compensation within next 45 days in favour of the complainant failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay another sum as compensation amounting to Rs.20,000/- (Rupees twenty thousand) in favour of the complainant for his harassment, mental pain and agony within 45 days from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
