STATE CONSUMER DISPUTES REDRESSAL COMMISSION, PUNJAB, CHANDIGARH

1)

Date of Institution : 05.11.2020 Date of Reserve : 07.02.2023 Date of Decision : 09.02.2023 Ram Kishan Handa, aged 82 years S/o Jaisi Ram R/o House No.15-B, Delight Colony, Near Harbans Cinema (Now Delhi Plaza Hotel), Patiala, Punjab.

…..Appellant/Complainant Versus

1. ICICI Bank Ltd., Regd. Office : ICICI Bank Tower, Near Chakil Circle, Old Padra Road, Vadodra, Gujrat, India-

390007 through its General Manager.

2. ICICI Bank Ltd., #28-29, Prem Heights, Ajit Nagar, New Leela Bhawan, Patiala, Punjab through its Branch Manager.

….Respondents/Opposite Parties

2)

First Appeal No.303 of 2020 Date of Institution : 04.12.2020 Date of Reserve : 07.02.2023 Date of Decision : 09.02.2023

1. ICICI Bank Ltd. having its Registered Office at ICICI Bank Tower, Near Chakli Circle, Old Padra Road, Vadodra-

390007, Gujrat, India through its General Manager.

2. ICICI Bank Ltd., #28-29, Prem Heights, Ajit Nagar, New Leela Bhawan, Patiala, through its Branch Manager.

….Appellants/Opposite Parties Versus Ram Kishan Handa aged 82 years, son of Sh.Jaisi Ram R/o House No.15-B, Delight Colony, Near Harbans Cinema (Now Delhi Plaza Hotel), Patiala.

….Respondent/Complainant First Appeal under Section 41 of the Consumer Protection Act, 2019 against the order dated 17.09.2020 of the District Consumer Disputes Redressal Commission, Patiala.

Quorum:-

Mr.Harinderpal Singh Mahal, Presiding Judicial Member Present (F.A. No.293 of 2020):-

For the appellant : Sh.Inderjit Singh, Advocate For the respondents : Sh.Ammish Goel, Advocate HARINDERPAL SINGH MAHAL, PRESIDING JUDICIAL MEMBER This order will dispose of the above noted two appeals, which have been preferred against the same order dated 17.09.2020 passed by District Consumer Disputes Redressal Commission, Patiala, by both the parties whereby the complaint filed by the complainant-Ram Kishan Handa, under Section 12 of the Consumer Protection Act, 1986 (in short ‘the Act’), was allowed and the opposite parties were directed to return the original sale deed along with all other documents to the complainant. They were further directed to pay Rs.5,000/- as costs for causing mental agony and harassment and Rs.5,000/- on account of deficiency in service along with Rs.3,000/- as litigation expenses.

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

2. Brief stated facts of the case are that the complainant –Ram Kishan Handa availed the house loan of Rs.3 lacs, vide Account No.LBPAT00001231883, against Application No.777-5269272 from the opposite parties, to be repaid in 120 months (10 years). The complainant paid all the instalments and on 10.03.2010, vide cheque No.041911, Rs.2,56,125/- drawn on Canara Bank, Patiala paid in lumpsum against the mortgaged/loan. At the time of sanctioning of the loan, the original documents along with sale deed were kept with the opposite parties. After repayment of the loan, the complainant requested opposite party No.2 for returning the original documents along with NOC and original sale deed and he was informed by opposite party No.2 that the original documents were kept with head office and after completion of loan, the same will be summoned. The complainant was advised to come after 10 days for collecting the documents. After that, the complainant visited the office of opposite party No.2 number of times and every time, opposite party No.2 cut the lame excuses. A letter dated 11.06.2010 was also written by the complainant to opposite party No.1 in this regard but in vain. Even, vide letter dated 11.09.2014, opposite parties informed that Bank has no claim or right against the property but even then the documents were not returned. Ultimately, on 26.10.2018, opposite party No.1 called upon the complainant to collect the original documents and Loan Clearance Certificate from opposite party No.2 by 09.11.2018. On 03.11.2018, when the complainant approached op