Ld. Advocate(s)
For Complainant: Rajdeep Majumder
For OP/OPs : Manas Kanjilal
(2)
Date of filing of the case :16.03.2021
Date of Disposal of the case :10.08.2023
Final Order / Judgment dtd.10.08.2023
Complainants above named filed this complaint against the aforesaid opposite party u/s 35 of the Consumer Protection Act, 2019 praying for direction to return the original sale deed being no.3589 /2003 and L.R.& R.O.R. of L.R. plot no.856 and compensation amounting to Rs.20,000/-.
He alleged that complainant no.1& 2 took the house building loan from OP amounting to Rs.4,76,000/- and he repaid the entire amount on 17.08.2016. After payment of aforesaid loan OP issued one no objection in his favour but did not return the said deed in their favour. On 12.10.2016 OP disbursed a loan of Rs.11,00,000/- in favour of complainant no.3 which is equivalent to 85% of the entire educational loan amount and remaining Rs.2,00,000/- which is equivalent to 15% was paid by complainant no.1. On 03.11.2020 petitioner no.3 paid the entire outstanding loan amount and thereafter educational loan was closed on 05.11.2020. OP issued a no objection certificate. Thereafter, complainant no.1-3 on several occasions went before the OP and requested him to return the aforesaid original deed and L.R. & R.O.R. but he did not pay any heed. Hence they filed this case.
OP contests the case by filing a W/V and denied the entire allegations.
He further contented that petitioners took several loans from the OP/Bank and mortgaged their sale deed vide no.3589/2003 and L.R. record. They closed the aforesaid loan and at present there are no dues. OP/Bank on several occasions requested the petitioners over telephone to get their original documents after complete the bank’s formalities but they never came to the bank to complete the formalities and that is why the original documents of the petitioners are still in the custody of the OP. OP is always ready to deliver the original documents to the petitioners. They have no latches on their part. They prayed for dismissal of the case.
Trial
During trial complainant no.1 filed affidavit in chief.
OP filed some questionnaires and complainants gave the answer.
Complainant no.2 filed affidavit in chief.
Complainant no.3 filed affidavit in chief.
OP did not file any affidavit in chief.
(3)
Documents
Complainants produced following original documents-.
- Original copy of No dues certificate in favour of Mrs Hira Biswas & Alok Kumar Biswas issued by State Bank of India dated 17.08.2016........(One sheet)
- Original copy of No dues certificate in favour of Arka Biswas issued by State Bank of India dated 05.11.2020............(One sheet)
- Original copy of letter issued by complainants to OP dated 23.12.2020 along with Postal Receipt........(One sheet)
- Original copy of Track Report..........(One sheet)
Brief Notes of Argument
Complainant filed BNA. OP filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, W/V filed by the OP, affidavit in chief filed by the complainant No.1-3, interrogatories filed by the OP and answer filed by the complainant no.1, BNA filed by the complainants and BNA filed by the OP.
On careful perusal of affidavit in chief filed by the complainant no.1-3, we find that they corroborated the allegations of petition of complaint.
On perusal of the documents on record , we find that complainant no.l-2 took house building loan and complainant no.3 took one educational loan.
On perusal of document dated 17.08.2016, we find that OP stated over the said document that complainant no.1-2 paid the entire house building loan.
On perusal of document dated 05.11.2020, we find that complainant no.3 paid the entire amount of educational loan.
On perusal of document dated 23.12.2020, we find that complainants requested the OP for return of documents.
OP stated in their W/V that they are ready to return the documents but complainant did not make any contract in spite of repeated request
(4)
through telephone. We failed to understand what type of formalities are require to return the aforesaid sale deed.
On perusal of record, we find that complainants are consumer and OP is the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainants have able to established their grievance by sufficient documents and they are entitled to relief as per prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contests against the OP with cost of Rs.3,000/- (Rupees three thousand) to be paid by OP in favour of the complainants.
OP is directed to file the original deed vide no.3589 of 2003 and L.R. & R.O.R. of L.R. plot no.856 within 45 days from this date before this Commission so that this Commission can hand over those documents in favour of the complainants or to pay compensation amounting to Rs.1,00,000/-(Rupees One lakh) in favour of the complainants within next 45 days failing which complainant shall have liberty to put this order into execution.
OP is further directed to pay Rs.10,000/-(Rupees Ten thousand) as compensation in favour of the complainants for their harassment, mental pain and agony.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
