ADDITIONAL BENCH STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, DAKSHIN MARG, SECTOR- 37-A, CHANDIGARH.

First Appeal No.201 of 2022 Date of institution : 17.03.2022 Reserved on : 27.02.2025 Date of decision : 03.04.2025 Punjab Gramin Bank, Branch Office, situated at Jhabal Road, Adda Noordi, Tara Taran through its Manager.

…..Appellant/Opposite Party Versus Kulwinder Kaur W/o Davinder Singh, R/o VPO Gorkha, Daleke Tehsil and District Tarn Taran (Punjab)

…..Respondent/Complainant First Appeal under the Consumer Protection Act, 2019 against the order dated 16.12.2021 passed by the District Consumer Disputes Redressal Commission, Tarn Taran in CC/34/2018 Quorum:-

Mr. H.P.S. Mahal, Presiding Judicial Member Mrs. Kiran Sibal, Member Argued by:-

For the appellant : Sh. Aseem Gupta, Advocate For respondent : Exparte KIRAN SIBAL, MEMBER The instant appeal has been filed by the appellant/opposite party against the impugned order dated 16.12.2021 passed by District Consumer Disputes Redressal Commission, Tarn Taran (in short, “the District Commission”), whereby the complaint filed by complainant against opposite party (in short ‘OP’), under the Consumer Protection Act, was partly allowed while granting the following relief:

“In view of above discussion we partly allow the present complaint and the opposite party is directed to issued No Due Certificate to the complainant against account No.8439A000062897 in the name of complainant and against account No.8439A000062912 in the name of Mehar Singh son of Sulakhan Singh. The complainant is also entitled to Rs.5,000/- (Rs. Five Thousand only) as compensation on account of harassment and mental agony and Rs.3,500/- (Rs. Three Thousand Five Hundred only) as litigation expenses. Opposite party is directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant shall be entitled to interest @9% per annum, on the awarded amount, from the date of complaint till its realization….

2. It would be apposite to mention that hereinafter the parties will be referred, as have been arrayed before the District Commission.

3. Brief facts for the disposal of the appeal are that the complainant and her father in law; namely, Mehar Singh son of Sulakhan Singh (expired on 17.12.2012) had availed loans from OP on 24.03.2012 to the tune of Rs.1 lakh each. Two agreements were executed between the parties i.e. one between the complainant and OP and another between Mehar Singh and OP. The complainant had cleared both the loans on 20.08.2016 by depositing the total loan amount along with interest as per the terms and conditions of the agreements. The amount was deposited in both the loan accounts bearing No.8439A000062897 in the name of complainant and No.8439A000062912 in the name of Mehar Singh. The complainant stated that the mutation No.244 had already been sanctioned in favour of the OP regarding mortgage of land belonging to the complainant as per Jamabandi for the year 2014-2015 situated at village Gorkha Tehsil & District Tarn Taran. She, with a intend to redeem her land, approached the OP several times and requested to issue the clearance certificate, but the OP linger on the matter on one pretext or the other and finally refused to accept the genuine request of the complainant. Alleging deficiency in service on the part of the OP, the complainant filed consumer complaint before the District Commission and sought directions against the OP to issue clearance certificate in favour of the complainant and further to pay Rs.2,00,000/- as compensation on account of mental and physical harassment as well as Rs.15,000/- as litigation costs.

4. Upon notice, the OP appeared through counsel and filed written reply, wherein it stated that the borrower Mehar Singh died on 17.12.2012 and his estate was inherited by his son Davinder Singh, who committed fraud with bank by taking loan of heavy amount by depositing/showing false and fabricated documents, which cause