Date of Filing : 21/10/2016
Order No. 11 dt. 14/12/2017
The case of the complainant in brief is that the complainant took loan of Rs.3 lakhs from o.p. bank in the month of Feb. 2003. The said loan was sanctioned by o.ps. by depositing original title deed along with site plan. The complainant has paid the EMI regularly and out of the total loan amount the complainant paid Rs.6,76,987/-. No amount of installment is payable to o.ps. The complainant after clearing of the entire dues asked the o.p. bank to return the original title deed along with site plan, but o.p. no.2 refused to hand over the same by sending a letter demanding further amount from the complainant. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to return the original title deed along with site plan and to compensation of Rs.1 lakh and litigation cost of Rs.10,000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant was given a loan to the tune of Rs.3 lakhs which was repayable of Rs.3270/- as EMI, whatever the amount the complainant has paid the same was reflected in the statement of account enclosed with the w/v wherefrom it is evident that the said account became NPA on 27.9.06 and thereafter interest became due in the said account which was calculated to the tune of Rs.2,07,652/-. Until and unless the said amount is paid by the complainant the original title deed along with site plan mortgaged to o.ps. cannot be released. In view of the said fact o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant took loan from o.ps.?
- Whether the complainant paid the entire due amount to o.ps.?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainant will be entitled to get the relief as prayed for?
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant argued that the complainant took loan of Rs.3 lakhs from o.p. bank in the month of Feb. 2003. The said loan was sanctioned by o.ps. by depositing original title deed along with site plan. The complainant has paid the EMI regularly and out of the total loan amount the complainant paid Rs.6,76,987/-. No amount of installment is payable to o.ps. The complainant after clearing of the entire dues asked the o.p. bank to return the original title deed along with site plan, but o.p. no.2 refused to hand over the same by sending a letter demanding further amount from the complainant. On the basis of the said fact the complainant filed this case praying for direction upon the o.ps. to return the original title deed along with site plan and to pay compensation.
Ld. lawyer for the o.ps. argued that the complainant was given a loan to the tune of Rs.3 lakhs which was repayable of Rs.3270/- as EMI, whatever the amount the complainant has paid the same was reflected in the statement of account enclosed with the w/v whereby it is evident that the said account became NPA on 27.9.06 and thereafter interest became due in the said account which was calculated to the tune of Rs.2,07,652/-. Until and unless the said amount is paid by the complainant the original title deed along with site plan mortgaged to o.ps. cannot be released. In view of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainant took loan from o.p. bank to the tune of Rs.3 lakhs and at the taking loan the complainant deposited the original title deed along with site plan to o.ps. Since the property was hypothecated to o.ps. and on the basis of the said hypothecation the loan was sanctioned in favour of the complainant. The complainant has claimed that he paid total due amount to o.ps, but o.ps. by filing statement of account has shown that the said account became NPA on 27.9.06 and thereafter interest became due in the said account which was calculated to the tune of Rs.2,07,652/-. It appears from the materials on record that the complainant himself did not clear the due amount to o.ps. therefore o.ps. did not release the original title deed along with site plan in favour of the complainant. On perusal of the materials on record we find that the complainant himself was at fault and he failed to pay the loan amount to o.ps. Therefore, we hold that the case filed by the complainant has got no merit and the complainant will not be entitled to get any relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.466/2016 is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
