DISTRICT CONSUMER DISPLUTES REDRESSAL FORUM
SOUTH 24 – PARGANAS , AMANTRAN BAZAR, BARUIPUR, KOLKATA-700 0144
C.C. CASE NO. _166_ OF ___2016__
DATE OF FILING : 29.12.2016 DATE OF PASSING JUDGEMENT:19/06/2017
Present : President : Udayan Mukhopadhyay
Member(s) : Jhunu Prasad
COMPLAINANT : Md. Kamaruzzaman Molla, Vill. Kapat Hat, P.O & P.S Diamond Harbour, South 24-Parganas, Pin-743331.
-VERSUS -
O.P/O.Ps : United Bank of India, Sirakole Branch, Sirakole, Dist. South 24-Parganas, Pin-743513.
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J U D G E M E N T
Sri Udayan Mukhopadhyay, President
The short case of the complainant is that he took house building loan of Rs.5.2 lacs from UBI , Sirakol Branch , Diamond Harbour Road, South 24-Parganas vide sanction letter no.SRI/ADV/1/C187/2008 and also mortgaged his Title Deed being no.428/05duly registered in ADSR , Diamond Harbour in respect of land located at Dag no.1081, Khatian no.1159, Mouza Joydevpur, P.S Diamond Harbour measuring 0.048 dec. under Loan Account no.0597300000675 on condition that Title Deed ought to be delivered back to the complainant by the Bank authority immediately after repayment of the loan and complainant has repaid the entire loan and there is no claim against the said account. But inspite of several requests bank authority is very much reluctant to return back the said Title Deed till date. Complainant met the bank authority and sent a letter dated 8.3.2016 , 23.11.2016 through Ld. Advocate with registered Post ,But bank did not take any attempt. Hence, this case to pass necessary direction to return original Title Deed no.428/05 and compensation to the tune of Rs.5,50,000/- for his suffering mental agony and harassment, litigation cost etc.
The O.P Bank contested the case by filing written version and denied all the allegations save and except the sanction of loan to the complainant as well as mortgage the Title Deed in respect of the property of Mouza Joydevpur in connection with the loan account and also admitted that complainant paid the entire loan amount and there is no claim against the said complainant. But denied other allegations i.e Bank is very much lethargic etc and also denied that bank authori8ty has not made any attempt whatsoever to respond to it. But the said deed has somehow misplaced from the O.P Bank and in this respect General Diary was lodged before the Usthi P.S dated 22.6.2016 and also published in the Anandabazar Patrika and Telegraph Patrika. The O.P Bank also annexed copy of general diary etc. The bank,O.P submitted that there is no bonafide or intentional negligence on the part of the O.P ad prays for dismissal of the case.
Points for decision in this case is whether the O.P Bank made any deficiency of service by not returning the original Title Deed being no.428/05 to the complainant or not.
Decision with reasons
Admittedly complainant has taken a loan and admittedly complainant had repaid the loan which is clearly appearing from the written version filed by the O.P in para 4. It is also admitted that original Title Deed no.428/05 was mortgaged with the Bank.
Now the dispute arises , as and when inspite of repayment of loan bank authority failed to hand over the original Title Deed which is an asset to any person since it is ownership document of immovable property. Whatever the explanation submitted by the bank and whether he has published in the newspaper or GD is not matter of fact. Fact remains why the original Title Deed was not returned to the complainant. This is a moot question. That is why, O.P Bank acted deficiency of service . The chain of service started from the time of accepting the HBL Loan application and disbursing the loan after examining the document and when the loan was repaid and document was returned by the Bank vis versa, the chain of service is completed. But here the O.P Bank failed and neglected to hand over the original Title Deed and also failed to assess ,it is more than a money deposited in their vault. So, necessary supervision of the Bank Manager was required to find out the said Original Title Deed of the complainant, but up till now such type of sincere action or supervision was not taken by the Branch Manager of the concerned UBI Bank that is why Branch Manager as well as the person handling the document of loan are responsible for not giving appropriate services ,which is a clear case of deficiency in service.
Hence,
Ordered
That the application under section 12 of the C.P Act, 1986 is allowed on contest.
The Branch Manager, UBI, Sirakol Branch, the O.P, is hereby directed to return the original Title Deed no. 428/05 to the complainant within 15 days from the date of this order, failing which, Branch Manager has to pay Rs.1 lac towards compensation which will be initially deducted from his own find and thereafter Branch Manager will recollect the said amount from the bank authority.
The Bank, O.P, is also directed to pay cost of Rs.5000/- to the complainant within 15 days from the date of this order.
It is further directed that if the O.P Bank failed to hand over the said original Title Deed to the complainant within the stipulated time along with cost , then complainant is at liberty to execute the order through this Forum.
Let
Let a plain copy of this order be served upon the O.P through speed post and to the complainant free of cost.
Member President
Dictated and corrected by me
President
The judgment in separate sheet is ready and is delivered in open Forum. As it is ,
Ordered
That the application under section 12 of the C.P Act, 1986 is allowed on contest.
The Branch Manager, UBI, Sirakol Branch, the O.P, is hereby directed to return the original Title Deed no. 428/05 to the complainant within 15 days from the date of this order, failing which, Branch Manager has to pay Rs.1 lac towards compensation which will be initially deducted from his own find and thereafter Branch Manager will recollect the said amount from the bank authority.
The Bank, O.P, is also directed to pay cost of Rs.5000/- to the complainant within 15 days from the date of this order.
It is further directed that if the O.P Bank failed to hand over the said original Title Deed to the complainant within the stipulated time along with cost , then complainant is at liberty to execute the order through this Forum.
Let
Let a plain copy of this order be served upon the O.P through speed post and to the complainant free of cost.
Member President
