D.O.F:20/07/2015
D.O.O:12/08/2021
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.No.190/2015
Dated this, the 12th day of August 2021
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
Parameshwara Prasad
S/o Late Parvathi
Kedinje House
Badiadka Village, Peradala (P.O) : Complainant
(Adv: B. Ramakrishna Bhat)
And
- The General Manager Syndicate Bank
Syndicate House, Manipal
- The Syndicate Bank, : Opposite Parties
Represented by its Manager
Badiadka Branch, (P.O) Perdala
(Adv: Narayana Bhat)
ORDER
SRI.KRISHNAN.K :PRESIDENT
The case of complainant is that complainant’s mother Parvathi is having a loan account for Rs. 5 Lakh for 8.5%interest with the Opposite Party Syndicate Bank, Badiadka Branch for construction of farm house. She paid entire dues. She requested for clearance certificate and return of title deeds, Notice is issued received by Opposite Party on 26/11/2014. She executed a will dated 06/01/2015 in favour of her son complainant. She died on 15/04/2015. Complainant approached Opposite Party for return of title deeds but Opposite Party failed to return the same. Further case is that there is deficiency in service there by complainant suffered mental tension agony and complainant claimed return of title deeds of Parvathi, clearance certificate and to pay Rs. 50,000/- as compensation and litigation expences. Complainant is amended adding relief of refund of excess amount collected by bank.
2. The Opposite Party No:2 bank filed its written version. Opposite Party No:1 adopted written version filed by Opposite Party No:2. Bank admitted loan amount of Rs. 5 Lakh. But as on 30/07/2015 a sum of Rs. 38,518 is due to bank towards loan account. The Opposite Party is ready to release title deeds to legal heirs of Parvathi or authorized representative as and when amount due is paid. Other allegations’ are denied Opposite Party filed additional written version claiming to produce succession certificate.
3. No oral evidence from both sides. Complainant’s document Ext A1 to A8 and Opposite Parties document Ext B1 to B4 marked. Ext A1 lawyer notice, Ext A2 is AD card, Ext A3 is agreement, Ext A4 is loan agreement, Ext A5 is statement of account, Ext A6 is pass book, Ext A7 is receipt, Ext A8 letter from bank. Ext B1 is loan file, Ext B2 is statement of account, Ext B3 statement of account, Ext B4 OTS agreement.
4. On considering the pleadings, evidence made available following points arise for consideration in the case they are:-
a) Whether complainant is entitled to seek return of title deeds, refund of excess if any paid to Bank?
b) Whether there is any deficiency in service from Opposite Party?
c) Whether complainant entitled for compensation? If so for what reliefs?
5. There is no dispute with regard to the fact that complainants mother availed loan from Opposite Party. It is proved by evidence that entire loan amount is repaid and bank certified no liability. The complainant produced Ext A6 pass book issued jointly in the name of complainant and his mother dated 12/04/2014. Ext A8 dated 04/02/2016 shows complainant has no direct or indirect dues to the bank. Ext A7 shows that bank collected Rs. 15,000/- on 03/02/2016. Thus complainant remitted the amount due and loan is fully settled..
6. The bank in their version pleaded that amounts are still due and insist succession certificate on issuing certificate of no liability and that there is no deficiency in service on their part. The reason stated by bank is not covering justifiable . No law for time being in force permits the bank to retain the title deeds after receiving its dues. Bank has no right to retain documents where the petitioner loan is cleared and fully discharged. Since no due certificate is issued by bank and that there cannot be impediment for the bank to return title deeds the retention of the same by bank is without any authority of law.
7. The bank under the obligation to return the title deed upon payment of entire money due. This legal obligations gives on enforceable right and bank is return the title deed to the complainant.
8. It is true that the amount is settled by the petitioner to get back the documents as on today. Bank did not take steps to receive any amount towards balance due and certified as amount towards balance due and certified as no dues even in 2016 but failed to return title deeds. Complainant being the joint account holder is entitled to return of the deposited title deed by his now deceased mother Parvathi who is the joint account holder.
9. Since loan clearance certificate is not issued after receipt of the amount due it amounts to serious deficiency in service of the bank and therefore complainant is entitled for compensation in this regard. The claim of the complainant for refund of excess amount paid to the bank is not supported by legal acceptable evidence on record and hence claim is rejected considering the nature and circumstances of the case long delay in relieving the grievances of the complainant inspite of paying the entire amount due to the bank even 2016 the complainant is entitled to a sum of Rs. 30,000/- as compensation towards deficiency in service mental agony and tension. Complainant is also entitled cost of litigation. Opposite Party is also directed to issue loan clearance certificate and handover the title deed of late Smt: Parvathi deposited while availing the loan FLHL – A 2009053/10 to the complainant.
In the result complaint is allowed in part. Opposite Party is directed to pay Rs. 30,000/-(Rupees Thirty thousand only) as compensation to complainant and Opposite Party also directed to issue loan clearance certificate and hand over the title deeds of late Smt: Parvathi deposited while availing the loan FLHL-A 2009053/10 to the complainant and to pay litigation cost of Rs. 5000/- (Rupees Five thousand only) within 30 days of the receipt of the order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibits
A1- Lawyer notice
A2- AD Card
A3- Agreement
A4- Loan Agreement
A5- Statement of account
A6- Pass book
A7- Receipt
A8- Letter from bank.
B1- Loan file
B2- Statement of account
B3- statement of account
B4- OTS agreement
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Senior Superintendent
Ps/
