IMPORTANT POINT
Return of Documents – OP bank has no option except to return the documents withheld by them which were deposited at the time of availing mortgage loan.

ORDER

K.B. Sangannanavar, Pri. Dist & Session Judge (R) - Judicial Member—This is an appeal filed U/s.15 of CPA 1986 by OP/Appellant aggrieved by the order dtd.20.08.2019 passed in CC/62/2018 on the file of Raichuru District Commission. (Parties to this appeal will be referred to as their rank assigned to them by the Forum below).

2. The Commission examined the grounds of appeal, impugned order, appeal papers and heard the learned counsel on record and now, to examine, whether the impugned order passed by the Forum below in CC/62/2018 dtd.20.08.2019 call for interference of this Commission?

3. The brief facts of the case of the Complainant would be, father of complainant by name Prabhu S/o Parvata reddy and he availed bank loan from OP Bank, for development of their lands. They also availed crop loan. They have availed loan of Rs.5,30,000/- and Rs.1,20,000/- respectively from the OP bank. The loan was on mortgage of their lands bearing sy.no.68/7 measuring 9 acres 37 guntas, sy.no.69/7/A measuring 3 acres 6 guntas, sy.no.68/A measuring 4 acres 14 guntas situated at Jabalpur village, Manvi taluk, Raichur district. This mortgaged deed was registered in the Office of Sub-Registrar at Manvi on 11.11.2003. It was the case of Complainant have paid entire loan amount along with interest and they have discharged loan amount and as a result OP Bank executed Re-conveyance Deed of Mortgage on 19.06.2010 and even after redemption of mortgage deed, OP bank failed to issue No Due Certificate (NDC) and failed to return documents kept in their custody on one or the other pretext. When he approached the OP Bank in the month of January 2016, informed we are still due to the tune of Rs.90,000/-, which according to the Complainant amounts to unfair trade practice, since entire loan was discharged on 23.12.2009 and OP had executed Reconveyance Deed of Mortgage on 19.06.2010.

4. The complainant had raised consumer complaint before the Forum below alleging deficiency of service. The OP Bank had contested the complaint, contending firstly that complaint filed after lapse of 6 years 87 days of the alleged deficiency of service could not be admit in view of S.24A of CPA 1986 and secondly as the Complainant is still due certain amount to OP Bank, question of issue of NDC and return of documents does not arise at all. In other words denied the allegations as to rendering any deficiency in service. Thirdly the Complainant has no cause of action to raise consumer complaint before the Forum.

5. In view of rival contentions of the parties to the case, Forum below held an enquiry by receiving affidavit evidence and documents from parties to the complaint case, held Complainant is entitled for the reliefs claimed and directed OP to issue NDC in respect of 2 loan accounts of the Complainant and to return the original documents submitted by the Complainant at the time of execution of Mortgage deed within one month without insisting further payment towards the alleged loan dues and directed to pay Rs.30,000/- as compensation along with interest at 8% p.a. from the date of complaint till realisation. It is this order being assailed in this appeal contending that the Forum below failed to appreciate the materials on record, since entertained a time barred complaint contrary to the provisions of Sec.24A of CPA 1986. The Forum below failed to appreciate that the loan was availed by the Complainant and his father and both are have jointly mortgaged the properties, yet the Complainant alone has filed the complaint which is also bad for non-joinder of necessary parties and the impugned order is liable to be set aside as Forum below committed grave error in directing OP to return documents without insisting Complainant to pay alleged loan dues and to pay Rs.30,000/- as compensation along with interest at 8% p.a.

6. It is not in dispute that Mr.Umesh S/o Prabhu and his father Mr.Prabhu availed bank loan from OP for development of lands and for the purpose to grow crops in