Delhi

New Delhi

CC/934/2012

Beni Prasad - Complainant(s)

Versus

M/S. Allahabad Bank - Opp.Party(s)

30 Jul 2018

ORDER

 

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR, VIKAS BHAWAN,

I.P.ESTATE, NEW DELHI-110002.

 

 

Case No.CC./934/2012                                                                        Dated:

In the matter of:

Sh. Beni Prasad,

RZ-317, Gali No.3, Indra Park,

Palam Colony,

Delhi-110045

                                                                        ……..COMPLAINANT

 

  

VERSUS

 

Allahabad Bank,

New Delhi- Baroda House

Northern Railway Head Quarters

Baroda House, New Delhi                                           ………. OPPOSITE PARTY

 

 

         ARUN KUMAR ARYA- PRESIDENT

 

ORDER

The complaint has been filed by complainant alleging that he obtain loan of Rs. 2,30,000/- against Janta Flat no. 503, B-Block, Jasola from the OP and in September, 2011, the loan was repaid. The conveyance deed was executed on 16/04/2010 and Sh. P.K. Gaur, Bank officer of the OP was present at the time of registration of the conveyance deed. The conveyance deed was to be collected from the office of Registrar but Sh. P.K. Gaur asked the complainant to collect the copy of the conveyance deed. Accordingly, the complainant after receiving the Conveyance Deed from Registrar office deposited it with the OP bank against acknowledgement and stamp of Sh. P.K. Gaur on the first page of photocopy of conveyance deed. After payment of the flat loan amount with interest, the OP was requested to return the original conveyance deed in and after November, 2011 but it was transpired that the conveyance deed was not available in the OPs office. Again in March 2012 the complainant met the Chief Manager Ms. Anshu Singh who called the advocate Sh. Vinod Gupta and asked him to collect the copy of conveyance deed from DDA office Vikas Sadan. On 04/04/2012, the complainant met Sh. V.K. Sharma in the OP Bank but he replied to bring the true copy of the original conveyance deed and informed that the original conveyance deed was not in the  bank. The complainant alleged that he has apprehension that the original conveyance deed may be misused. Even he approached the banking ombudsmen and also filed appeal against the decision of ombudsman to the RBI who informed that the appeal is not maintainable before them. Prayer for return of original document of Conveyance Deed and compensation of Rs. 5,00,000/- has been made.

  The OP has filed its version and raised preliminary objection that the complaint is not maintainable as no cause of action arose in the favour of the complainant: The complainant is not consumer; there is no consumer dispute and not maintainable as there is no deficiency in service on the part of OP. Countering  the averments  of complainant, It is contended by OP that the original conveyance deed was not  received by the bank either on 16/04/2010 or and later date as alleged by the complainant. It is stated that OP never asked the complainant to collect the original conveyance deed from the registrar at DDA office. The OP has already written letters dated 07/12/2007 and 16/11/2007 to the Deputy/Joint Director (Housing) DDA, to send original Conveyance Deed relating to the flat under the reference. It is stated that the Conveyance Deed was never received in the office of OP and the complainant managed to collect the original conveyance deed from DDA office. All allegations against the officers of the bank have been categorically denied. It is requested that complaint be dismissed.

The complainant has filed rejoinder and evidence in support of his contentions made in the complaint. The OP also filed its evidence affirming  the version and denied all allegations   leveled against the OP. The complainant has also filed written arguments. Both the parties have addressed their oral arguments.

We have given consideration to the material placed before us and the arguments of both the parties. The crux of the issue for consideration revolves around the fact whether or not the original conveyance deed was deposited with the OP bank. The complainant alleged to have deposited it on 16/04/2010 with the OP as was asked by the bank officer while on the other hand the OP denied the receipt of original conveyance deed. The letters dated 07/12/2007 and 16/11/2007 stated by OP bank to the DDA seems to be of no consequence as admittedly the conveyance deed was executed/registered on 16/04/2010. Therefore, sending letters by the OP to the DDA much prior to the date of execution/registration of the conveyance deed are of no use. The payment of the loan by the complainant is not disputed by the OP. Since there is the dispute about the facts and records regarding deposit of original conveyance deed by the complainant with the OP but denied by the OP, therefore we are of the considered view that in such peculiar circumstances there is necessity to evaluating the witnesses and evidence in this regard to hold either of the parties responsible in this aspect.

  In view of the above discussions, we hold that this Forum does not have the jurisdiction to decide the disputed question of facts in the summary proceedings in the light of judgement reported as 1994(1)CPR 43 in the case of Sh. S.K. Lakhotia V/s National Insurance Co. Ltd. and as such the complaint is dismissed with liberty to the complainant to approach the competent Court in accordance with law.   

                                                                                                                                                                           

Copy of the order may be forwarded to the parties to the case free of cost as statutorily required. 

Announced in open Forum on  _________________.

The orders be uploaded on www.confonet.nic.in.

File be consigned to record room.

 

  (ARUN KUMAR ARYA)

                                  PRESIDENT

          (NIPUR CHANDNA)                                                                           (H M VYAS)

                                MEMBER                                                                                      MEMBER