Per HON'ABLE MR. TRYAMBAK  A THOOL ,   MEMBER.

1. The brief facts of the complaint are as follows. The complainant has taken the home loan from the opposite party in the year 1999 and has repaid the complete loan back to the opposite party. However when the complainant requested for return of the documents which had been submitted by him while getting the loan, the opposite party even after repeated reminders and telephonic conversations did not return the documents to the complainant. The complainant therefore has undergone massive mental and physical stress and has also lost the interest on the money which he would have received by selling the loan property had the opposite party returned the documents to him.

2. The opposite party issued the loan closer certificate after a period of about one year and still did not return the complete documents. At one time the opposite party in from the complainant that the documents have been lost and will be returned when they would be traced.

3. The complainant therefore was prevented from selling the house since the original papers had not been given back by the opposite party to the complainant. The complainant has come to the forum for seeking the compensation of the loss incurred by you to deficiency in service by the opposite party
    
4. The opposite party in their reply has stated that the complainant is  not the consumer of the opposite party because the transaction involving the present case is borrowing of money by deposit of the title deeds giving rise to the civil disputes and this dispute does not come under the Consumer Protection Act. It is also stated by the opposite party that they had applied to CIDCO for getting certified copies of some document related to the complainant’s  property. The opposite party has also denied to have received   some documents from the complainant.
5. The question which arose for consideration by the forum are

Reasons

6       The opposite party has submitted that complainant has filed this complaint for return of documents held by the opposite party and this dispute comes under the civil jurisdiction and not under consumer Forum. The opposite party has also submitted citations of national commission  (1998) NCJ (NC) pg 293 wherein it was  held that this type of the disputes fall under Civil disputes.

7. In the case decided by the National commission petitioner i.e. the original complainant had repaid the loan but the respondent (the original opposite party) has  the civil suit pending against the original complainant for recovery of the loan and therefore the documents were held and because of that it was a case falling under civil jurisdiction.

8. But in present case the complainant has repaid the complete loan and does not have any other civil case filed by  the opposite party against the complainant. The complainant had deposited the title deeds of the property for taking the loan from the opposite party but has   also paid the interest thereon. Since the complainant had repaid the complete loan, the  opposite party was duty bound to  return the documents to the complainant and as Opposite Party  has  already admitted that the documents have been misplaced,  Opposite Party should have obtained and returned the copies of the concerned documents to the Complainant .  Since the documents were in the possession of the opposite party during the period of loan and as those documents have been lost by them they should have informed the complainant and should have taken his assistance to procure the copies of the lost documents.

9. Since the complainant has paid the money as interest on the loan given by opposite party it was a service rendered by the opposite party to the complainant and thereby the complainant is the consumer of the opposite party .It was duty of the opposite party to safeguard the documents and to return the same in proper condition to the complainant. As the opposite party has failed to fulfill this necessary responsibility the opposite party has created deficiency in the service

10. As the complainant who could not sell his property which was not having any lien by the opposite party on the said property because  the opposite party did not return the original documents ,  the complainant has undergone mental agony and financial loss and thus entitled for compensation. The complainant is also entitled to get back the documents submitted by him to the opposite party but as the documents have been lost as per the admission of the opposite party,  and this loss of the documents is unfortunate event therefore both  the opposite party and complainant are directed to co-operate with each other to obtain the certified copies from concerned authorities so that the complainant does not have to undergo any further hardship

11. The complainant had been communicating with the opposite party for a very long period and till the decision of this case the documents have not been traced and returned to the complainant and therefore complainant had to file this complaint.

12. After going through and careful  consideration of all the documents and the citations submitted by both the concerned parties the forum has the passed the following  

Order.

1 Complaint number 121\2011 is partly allowed.
2       Opposite party and complainant are directed to cooperate with                        each other to obtain the certified copies from concerned authorities.
3       The opposite party shall pay to the complainant Rs 30,000/-           (Thirty Thousands only) towards the mental agony.
4       The opposite party shall pay to the complainant    Rs.15,000 /-(Fifteen thousand only) towards litigation charges.
5       Both the parties shall comply with this order within the period of   Sixty Days  from the date of outward of this order.

6.        Copies of this order shall be given to both  the parties free of charge

Place – Kokan Bhavan, Navi Mumbai.

Date –   31/10/2014

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