CHARANJEET KAUR Vs. STATE BANK OF PATIALA

JUDGEMENT

(1.) The complainant took two housing loans, one in the year 2002 and other in the year 2005 from State Bank of Patiala, mortgaging property no. 2/231, Govindpura, Haldwani, while taking the aforesaid housing loan. The learned counsel for the petitioner complainant submits that in fact two title deeds in respect of two separate floors for the same property were deposited with the Bank. The husband of the complainant/petitioner had also availed credit facility from the Bank and the complainant had stood as a guarantor for repayment of the aforesaid housing loan taken by her husband. The complainant claims to have arranged fund from her relatives for payment of the housing loan taken by her and wanted the Bank to settle the housing loan account and release the title deeds which she had deposited with the Bank. It would be pertinent to note here that the complainant/petitioner had defaulted even in payment of the housing loan taken by her and had thereby become a defaulter. The Bank settled the housing loan taken in account no. 55048407615, but did not settle the housing loan taken in the other account, on the ground that being guarantor of the credit facility taken by her husband, she was under an obligation to pay the aforesaid loan before the title deed of her property could be returned to her. The complainant wanted the Bank to enter into a one time settlement with her, but the Bank refused to enter into such a settlement. Being aggrieved from the action of the Bank, the complainant approached the concerned District Forum, seeking the following reliefs:-

(2.) The complaint was resisted by the Bank on the ground that the complainant had mortgaged the ground floor of house no. 2/231, Govindpura, Haldwani against cash credit limit of Rs. 14 lakhs sanctioned to her husband, who was the proprietor of Jeevan Auto Industries. The aforesaid ground floor of house no. 2/231, Govindpura, Haldwani was also mortgaged by the complainant against housing loan taken in account no. 55048407614. It was claimed by the Bank that the complainant could not compel it to enter into a settlement and the title deeds could not be returned to her till the time the loan taken by her husband and guaranteed by her by mortgaging the ground floor of house no. 2/231, Govindpura, Haldwani was repaid.

(3.) The District Forum, vide its order dated 27.08.2013, directed the complainant to pay a sum of Rs. 3,73,062/- as one time settlement amount to the Bank in housing loan account no. 55048407614, within one month. It was further directed that on such payment, the Bank will return the title deed of the ground floor of house no. 2/231, Govindpura, Haldwani to the complainant and will also issue No Dues Certificate to her. The Bank was directed to pay Rs. 20,000/- as damages for mental agony and financial loss and Rs. 5,000/-, as compensation to the complainant.