DIST. CONSUMER  DISPUTES  REDRESSAL  FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE  NO-  674/2016

Date of Filing:                                    Date of Admission:                            Date of Disposal:

16.11.2016                                              09.12.2016                                  20.07.2018

Complainant :-             1.       Shri. Asis KumarDasgupta,

                                                S/o Late SantiRanjanDasgupta,

                                                5/146,Jatindas Nagar, P.O.& P.S.-Belgharia,

Kolkata-56, District-North 24 Parganas.

=Vs=

O.Ps:-                            1.       Bank of Baroda,

Belgharia Branch, 76, Feeder Road,

P.O.& P.S.-Belgharia, Kolkata-56,

District-North 24 Parganas.

2.       The General Manager,

Bank of Baroda, Eastern Regional Office,

Plot No.38/2, Block-GN, Sector-V,

Salt Lake City, Kol-91.

P R E S E N T  :-        Bankim Chandra Chattopadhyay………..…..President.

  :-       Smt. SilpiMajumder  ………………………Member.

FINAL ORDER

This complaint is filed by the Complainant u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs as the OPs did not return the original title deed to him inspite of making repayment of the entire settled amount as per the award passed by the LokAdalat.

The brief fact of the case of the Complainant is that being Central Government he is maintaining bank account with OP for last couple of years. He obtained house building loan to the tune of Rs.2,00,000.- from the OP-1 in the year of 2005 by depositing original Title Deed, security deposit of NSC for Rs.80,000/- and surrender value of LIC for Rs.96,869/-. The Complainant repaid entire settled loan amount, awarded by the LokAdalat on 13.12.2014 and on the same date order sheet was issued by the LokAdalat. After making repayment the Complainant visited the OP-1 requesting them to return the original documents including the original Title Deed, but he was told by the said authority that the documents have been lost from the custody of the OP-1. For this reason the Complainant has been facing various problems. According to the Complainant due to negligence and laches on the part of the OP-1 such problem is cropped up. The Complainant made written correspondences with the OP-2, but no fruitful reply was given

:2:

by the said authority, rather he was told by the OP-2 that the chapter is closed. Upon getting such information the Complainant got very much shock. On 01.06.2015 the Complainant issued one legal notice to the OP-1 stating that he is eager to sell out the property, but due to want of the Original Deed transfer of property has been cancelled and due to this reason the Complainant has suffered loss of Rs.1,00,000/- on the ground of willful negligence on the part of the OP-1. As his grievance have not been redressed by the OPs, hence finding no other alternative the Complainant has approached before this Ld. Forum by filing this complaint praying for direction upon the OP-1 to pay a sum of Rs.1,00,000/- as compensation for loss of original title deed, to pay Rs.50,000/- for mental agony and damage to him.

After the admission hearing notices were issued upon the OPs. Though the OPs have appeared through the Ld. Advocate, but inspite of getting several chance the OPs chose not to contest the complaint either orally or by filing written version. After expiry of statutory period for filing written version this Ld. Forum was pleased to fix the complaint exparte against the OPs.

The Complainant has adduced evidence on affidavit and BNA. The Complainant has filed several documents in support of his contention along with the photocopy of the award passed by the LokAdalat, Barasat dated 13.12.2014.

We have carefully perused the record, documents filed by the Complainant, award of the LokAdalat and heard argument at length advanced by the Ld. Counsel for the Complainant. During final argument none was present on behalf of the OPs. It is seen by us that the Complainant had admittedly obtained house building loan from the OP-1, with whom he is maintaining an account for a considerable period. It is stated by the Complainant that at the time of taking loan he had to deposit some mortgages with the OP-1including the Original Title Deed of his property. The allegation of the Complainant is that inspite of making repayment of the entire loan amount as per the award of the LokAdalat the OP-1 did not return the documents to him till filing of this complaint. We have noticed from the award of the LokAdalat dated 13.12.2014 that on that date the outstanding amount was for Rs.56,945/-. The LokAdalat settled the amount for Rs.20,000/- and direction was given to the Complainant to make spot payment of Rs.1,000/-. The LokAdalat was pleased to pass the award mentioning that the balance amount of Rs.19,000/- to be paid by equal monthly installment by February, 2015. It is also written in the said award that in default of payment of any two consecutive instalments, the entire original debt will carry interest @10% p.a. from the date of default till the date of final realization and the same will become recoverable at a time according to law.

From the documents it is seen by us that on 29.12.2014 the Complainant deposited an amount of Rs.10,000/- to the OP as per the order of the LokAdalat and on 14.01.2015 a sum of Rs.9,000/- was also deposited by the Complainant to the OP towards the balance amount as per the award. In this manner the Complainant paid the awarded due amount within the specified date, so the Complainant is not under any obligation to make payment of any amount towards interest component.

As the entire settled loan amount is paid by the Complainant he is very much entitled to get return of the original title deed from the OP submitted by him at the time of sanctioning the loan amount in his favour. As the OP-1 has received the settled awarded amount from the Complainant within the statutory period, hence the Bank was also under the obligation to return the said document to the Complainant as per his prayer without raising any objection. The Complainant has mentioned that he was told by the Bank authority that the said document has been lost from their custody. Such action of the Bank certainly is suffering from deficiency in service as it is the duty of the Bank to preserve the important document as mortgage by the Complainant with utmost care and caution. For such action the Bank is liable to pay compensation to the Complainant. It is further an admitted fact that as the grievance of the Complainant has not been redressed by the Bank before coming to this Ld. Forum and by filing this complaint the Complainant had to incur some expenses, hence in our considered view the Bank is also liable to pay litigation cost to the Complainant. 

Going by the foregoing discussion hence it is ordered that the complaint is allowed exparte against the OPs with cost. The OPs are directed either jointly or severally to return the Original Title Deed to the Complainant within 45 days from the date of passing of this judgment, in default the OPs shall pay a sum of Rs.25,000/- to the Complainant. The OPs shall pay either jointly or severally to pay a sum of Rs.5,000/- to the Complainant towards compensation due to harassment, mental agony and pain and Rs.2000/- as litigation cost to the Complainant within 45 days from the date of passing of this judgment, in default the Complainant will be at liberty to put the entire order in execution as per provision of Law. 

Let plain copy of this order be given to the parties free of cost as per the CPR, 2005.

Member                                                                                                                       President

Dictated & Corrected by