ASHOK KUMAR GARG Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This Consumer Complaint has been filed under Sec. 21 of the Consumer Protection Act, 1986 seeking award of Rs.2.00 Crores and return of original documents along with other ancillary reliefs.

(2.) The brief facts leading upto the present Complaint are that the Complainant had taken a loan of Rs.67,690.00 from the Opposite Party Bank-Punjab National Bank (earlier known as United Bank of India) having its branch office at Sufdarjang Development Area, New Delhi in 1983. The said loan was sanctioned vide letter No. ADV/HBL/1823/83 against the deposit of title deeds of property bearing no. CA/81, Tagore Garden, New Delhi including Perpetual Lease Deed, Site Plan, Sanctioned Plan Estimate and title search report of the property. It is the case of the Complainant that the he has fully repaid the loan along with interest. However, the Opposite Party has failed to return the original papers of his property.

(3.) It is submitted by the Complainant that the said loan was fully liquidated from the Connaught Circus Branch, New Delhi and consequently, a letter dtd. 8/1/2010 was addressed to the Bank requesting them to handover the original title papers of the Complainant's property. It is further stated that the aforesaid loan balance along with interest upto September, 1998 was transferred to the Karol Bagh Branch, but the documents were kept with the Opposite Party Branch as per legal procedure. It is averred that the failure of the Opposite Party to return the original papers has caused huge losses to the Complainant as it has prevented him from raising further loans to expand his business; prevented him from transferring/ selling the property and at present, the prices of the property have fallen resulting in a loss of Rs.2.00 Crores if the property is sold. It has also caused financial distress to the Complainant post his retirement and the said property was the only source to arrange for a decent wedding of Complainant's daughter. It is stated by the Complainant that he was in service as Teller with the United Bank of India (now Punjab National Bank) and had retired from the Connaught Circus Service Branch on 31/7/2010. It is further stated that the Complainant had written to the Opposite Party vide letter dtd. 8/11/2010 thereby demanding his papers. However, neither any response nor the papers were received. Even repeated requests were made to the CMD, Kolkata. However, the Complainant had received a letter 29/11/2010 wherein it was stated that the documents were not traceable and the Opposite Party was rearranging for the certified copy after registration of necessary FIR. The Complainant wrote to the Opposite Party on various occasions for raising his concerns and demanding the papers.