w w w . L a w y e r S e r v i c e s . i n



Manager, Bank of Baroda Jodhpur Park Branch v/s Susanta Saha


Company & Directors' Information:- SAHA (INDIA) PRIVATE LIMITED [Strike Off] CIN = U67120KA1991PTC012267

Company & Directors' Information:- C C SAHA LTD [Active] CIN = U36920WB1933PLC007695

Company & Directors' Information:- B N SAHA CO PVT LTD [Strike Off] CIN = U12000WB1938PTC009498

Company & Directors' Information:- THE BANK OF BARODA LIMITED [Not available for efiling] CIN = U99999MH1911PLC007676

    Revision Petition No. 676 of 2017

    Decided On, 16 May 2018

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE DR. B.C. GUPTA
    By, PRESIDING MEMBER & THE HONOURABLE DR. S.M. KANTIKAR
    By, MEMBER

    For the Petitioner: Pankaj Vivek, Anurag, Advocates. For the Respondent: Sanjoy Kumar Ghosh, Rupali S. Ghosh, Advocates.



Judgment Text

Dr. S. M. Kantikar, Member

1. The petitioner-OP prefers this revision petition against impugned order dated 22-12-2016 of the West Bengal State Consumer Disputes Redressal Commission (for short ‘the State Commission’) in FA No.524 of 2014 as the appeal was dismissed and order of the District Forum was affirmed.

2. The brief facts are that the complainant availed housing loan from the OP-Bank of Baroda. The bank issued sanction letter on 15-12-2006. A loan of Rs.3,82,000/- was sanctioned. As required by OP, complainant deposited the loan documents like equitable mortgage, loan agreement, memorandum of title deed and the building plan with the Bank. After full repayment of the loan, complainant approached the bank for return of all the documents deposited therein but the OP failed to deliver the same. Therefore, the complainant filed a complaint before the District Consumer Disputes Redressal Forum, Kolkata, Unit I (for short ‘the District Forum’).

3. The OP denied the allegations by filing written version and contended that the bank has made several correspondences with the complainant and asked him to deposit the original sale deed but the complainant did not pay any heed to their request. The complainant filed a complaint with malafide intention before the District Forum.

4. The District Forum, on the basis of pleading and evidence allowed the complaint and observed that there was deficiency on the part of the OP. Vide its order dated 21-02-2014, the District Forum directed the OP to return the original title deed, the sanction plan, the loan agreement and the stamp papers signed by the complainant for the loan account. The District Forum awarded compensation of Rs.30,000/- for mental agony and Rs.5,000/- towards the cost of litigation.

5. Being aggrieved of the order of the District Forum, the OP preferred first appeal before the State Commission. It was dismissed and the State Commission held that as the OP issued no dues certificate, it itself indicates that the complainant deposited the documents with the OP bank while obtaining the loan.

6. Aggrieved by the impugned order of the State Commission, the bank/OP filed this revision petition.

7. We have heard the learned counsel for both the parties who have reiterated their submissions made in their respective evidence affidavits. The learned counsel for the OP bank submitted that the complainant has failed to produce the proof that he has deposited any original title deed with the bank. The lower fora have not considered this point and passed erroneous order. The learned counsel for the complainant submitted that he has deposited the requisite mortgage papers of his property and thereafter only bank disbursed the loan amount. The counsel further submitted that bank will not disburse any loan amount without any authentic document.

8. We have perused the documents, the loan sanction letter, correspondence between the bank and the complainant, the loan account statements, etc. and gave thoughtful consideration to the arguments advanced by both the parties. The loan sanction letter Annexure P1 revealed that OP bank has considered the application of complainant dated 31-01-2006 and agreed to grant the loan/credit facility on certain terms & conditions. As per sanction letter dated 15-02-2006, the loan was sanctioned for Rs.3,82,000/- for total period of 180 months and repayable in 174 monthly installments for Rs.3,716/-. It was stated in the sanction letter under the caption ‘security documents’ that to deposit term loan agreement, memorandum of deposit of title deed to create equitable mortgage of house, declaration cum undertaking cum authority and Annexure 1. On perusal of the loan account details, it is clear that the complainant started paying the EMI from 31-08-2006. Thus, in our view, OP has disbursed the loan amount to the complainant after the fulfillment of all the requirements of term loan. Moreover, it is pertinent to note that two years after the sanction of the loan the OP had communicated the complainant. The letters dated 16-01-2008 and 10-08-2009, were written for deposit of title deed of the house property of the complainant. Thus, it was a negligent and lackadaisical act of the OP. It is surprising that OP slept over the matter for almost two years from the date of disbursement of the loan and suddenly on one fine day i.e.16-01-2008 wrote a letter to the complainant for creation of equitable mortgage by depositing the title deed of house property. It is surprising that how the bank has disbursed the loan without such mortgage. We have perused one letter issued by the bank manager on 19-03-2012. Bare reading of the letter appears to be the ‘no dues certificate’ issued by the branch manager. It is reproduced as bellow:

'This is to certify that one Housing Loan for Rs.3,82,000/- was sanctioned to Mr. Susanta Saha of P-12, Ramkrishna Pally, South Roynagar, Bansdroni, Kolkata – 70 on 15-02-2006.

Today Mr. Saha has closed the account by repaying full amount along with interest & all other charges. This can be treated as No Dues Certificate.

All necessary documents will be handed over to Mr. Saha very soon.'

Thus, the complainant had paid entire loan amount and there was no dues. It was also stated in the letter that all necessary documents will be handed over to Mr. Saha (complainant) very soon, meaning thereby that the bank was in possession of documents filed by the complainant. Thus, bank is estopped from making frivolous submissions now.

9. Moreover, in the exercise of revisional jurisdiction under Section 21(b) of the Consumer Protection Act, 1986, the scope of interference is limited because such powers can be exercised only if there is some 'prima facie' jurisdictional error or miscarriage of justice, as a result of the impugned order. This view has been taken by the Hon’ble Supreme Court in the case of Ruby Chandra Dutta Vs. United India Insurance Co. Ltd., 2011 (11) SCC 269, while dealing with the scope of powers of National Commission in exercise of revisional jurisdiction has observed as under:

'23. Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21(b) of the Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. In our considered opinion there was no jurisdictional error or miscarriage of justice, which could have warranted the National Commission to have taken a different view than what was taken by the two Forums.

The decision of the National Commission rests not on the basis of some legal principle that was ignored by the Courts below, but on a different (and

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in our opinion, an erroneous) interpretation of the same set of facts. This is not the manner in which revisional powers should be invoked. In this view of the matter, we are of the considered opinion that the jurisdiction conferred on the National Commission under Section 21(b) of the Act has been transgressed. It was not a case where such a view could have been taken, by setting aside the concurrent findings of two fora.' 10. Respectfully following the view taken by the Hon’ble Supreme Court in the case (supra) and the material on record, we do not find any illegality or perversity in the well-reasoned order of the State Commission. Moreover, there is limited scope in the revision petition. Accordingly, the revision petition is dismissed.
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