DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION
North 24 Pgs., BARASAT
C.C. No./76/2020
Date of Filing Date of Admission Date of Disposal
13.04.2023 26.04.2023 09.01.2024
Complainant/s:- | Sri Sukanta Chakraborty, S/o. Late Rabindra Nath Chakraborty, 11,Swami Vivekananda Road, Arobinda Nagar, P.o. Nanda Nagar, P.S. Nimta, Kolkata 700083, Dist- North Pgs. -Vs- |
Opposite Party/s:- | - Branch Manager, SBI Bank of India, Nimta, Belgharia Branch, 466.1, M. B. Road, Culture More, P.O and P.S. Nimta, Kolkata-700049.
- The Assistant General Manager, SBI Bank of India,
RACPC, Bidhannagar, 4th Floor , 1/16, VIP Road, Kolkata-700054 |
P R E S E N T :- Sri. Daman Prosad Biswas……….President.
:- Sri. Abhijit Basu…………………. Member.
JUDGMENT /FINAL ORDER
Complainants above named filed this complaint under Section 35 of C.P. Act, 2019 against the aforesaid opposite parties praying for direction to return the original deed of conveyance and other documents, compensation amounting to Rs. 479,695/-, compensation amounting to Rs. 1,00,000/- , litigation cost amounting to Rs. 50,000/- and other reliefs.
He alleged in the petition of complaint that he had purchased one flat after taking home loan from the O.P. No.1 amounting to Rs. 4,79,695/-. Subsequently he paid the entire amount of loan in favour of O.P. No.1 and O.P. No.1 issued discharge certificate. But O.P. No.1 not yet returned the deed of conveyance and other documents which were deposited by the complainant before the O.P. No.1 at the time of taking aforesaid home loan. He lodged complaint before the A/D, consumer affairs and fair business practice at Barrackpore Regional office. He also sent one legal notice open the O.Ps but he did not get any fruitful result. The complainant visited the office of O.P. Nos. 1 and 2 on several occasions but did not get the aforesaid documents.
On perusal of record we find that O.P. Nos. 1 and 2 filed W.V. They denied the entire allegations made in the petition of complaint. They further stated that they never told that the original deed of conveyance and other documents are not found. They are remain silent about the main allegations of the complainant.
Trial
During trial the complainant file affidavit in-chief. The O.Ps filed questionnaire. The complainant gave answer.
O.P filed (i) affidavit in-chief of Rajesh Chatterjee on behalf of the O.Ps. On 15.03.2023. On that date both parties prayed for fixation of case record on argument. We find that complainant did not file any questionnaire against the O.Ps.
Documents
Complainant filed the following documents at the time of filing of this case. These documents were verified at the time of hearing argument.
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- Xerox copy of deed vide No. 6163/2012. (one set Xerox)
- Sanction letter dated 20.04.2012 (one set Xerox)
- Loan of discharge certificate dated 20.05.2019 (one sheet Xerox)
- Document receiving receipt issued by Samal Bairagi.
- Receipt of deed (IGR) one sheet Xerox .
- Misc receipt dated 18.06.2008 one sheet Xerox .
- Letter issued to A.D Consumer Affairs Barrackpore , R.O.
- Copy of complaint dated 11.09.2019 to Assistant Director (one sheet Xerox).
- Advocate letter (four sheets original).
- Postal receipt of track report (two sheets original)
- Copy of voter card (one sheet Xerox).
BNA
Complainant filed BNA.
Decision with reasons
We have heard the Ld. Advocate for both the parties at length relating to the present complaint.
We have gone through the evidence on record.
It is admitted position that the complainant took one loan from the O.P. No.1 amounting to Rs. 4,79,695/- and on relating to the said loan complainant deposited certain documents such as IGR, money receipt , possession letter. One Samal Bairagi of O.P. No.2 received those documents. During hearing Ld. Advocate for the complainant argued that on the basis of original IGR complainant collected the original deed from the office of the sub registrar.
O.P. Nos. 1 and 2 in their W.V did not make any specific averment that they did not take the original deed and other documents from the complainant. On the other hand O.P. Nos.1and 2 stated in their W.V. That they never told to the complainant that original deed of conveyance and other documents are not found . Moreover, the complainant categorically stated in his affidavit-in-chief that he deposited the original documents including the deed of conveyance before the O.P. Nos. 1 and 2. So it is clear before us that aforesaid documents as well as other documents were deposited before the O.Ps at the time of taking the aforesaid home loan. On perusal of the discharge certificate 20.05.2019 we find that the complainant paid the entire amount of on 02.05.2019 but as per the allegation of the complainant O.P. Nos.1 and 2 not yet returned the aforesaid original documents.
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As the complainant paid the entire outstanding amount of aforesaid home loan. So he is entitled to original documents including the original deed of conveyance.
On perusal of record we find that the complainant is a consumer and the O.P. Nos. 1 and 2 are the service provider.
Having regard to the aforesaid discussion it is clear before us that the complainant has ables to establish this case and he is entitled to relief as per his prayer.
In the result present complaint succeeds.
Hence,
it is ordered,
that the present complaint be and the same vide 76/2020 is allowed on contest against the O.Ps with cost of Rs. 5,000/- to be paid by O.Ps in favour of the complainant.
O.P. Nos. 1 and 2 jointly or severally are directed to refund the original deed of conveyance which has been described in the petition of complaint in favour of the complainant within 45 days from this date or to give Rs. 1,00,000/- in favour of the complainant as compensation within merit 45 days failing which complainant shall have liberty to put this order into execution.
O.P. Nos. 1 and 2 are further directed to pay compensation amounting Rs. 50,000/- 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 case as per law.
Let a copy of this order be supplied to both the parties free as of cost as per CPR, 2005.
Dictated and corrected to me.
President
Member President
