INDIAN BANK Vs. D.B. RAM MOHAN

JUDGEMENT

(1.) The present Revision Petition is filed by the Petitioner under Section 21(b) of the Consumer Protection Act, 1986 against the Order passed by the State Consumer Disputes Redressal Commission, Andhra Pradesh at Hyderabad (hereinafter referred to as the "State Commission") in Appeal No. 327/2015 dated 26.02.2018.

(2.) The Respondent/Complainant availed a term loan from the Petitioner/Opposite Party Bank in which the mother of the Respondent Smt. D. Jayakanthamma stood as a guarantor and deposited original DKT Patta No. 17/4/81 dated. 31.01.1972 granted in favour of her husband Sri. D. Bhaktavatsalam Naidu in respect of land in S.No.361/14 to an extent of Ac.4-00 cents as security and also a Registered Will dated 29.06.1973 executed by one Narayanaswamy in her favour.

(3.) The Respondent became defaulter in discharging the loan amount and therefore the Petitioner Bank filed two suits in O.S. No. 66/1982 and O.S. No. 121/1982 against the Respondent, his father and mother before the Civil Court. The Complainant, later cleared the debt under "One Time Settlement" scheme of the RBI and the Petitioner also issued no dues certificate on 30.03.2011. The Petitioner, however, did not return the original documents taken from the Respondent towards security for the loan. The Respondent, issued a legal notice dated 09.01.2014 to the Petitioner Bank to return the original documents and pay Rs. 1,00,000/- towards compensation, but the Petitioner did not respond to the notice. Hence, Complaint was filed by the Respondent alleging deficiency in service on the part of the Petitioner.