Tamil Nadu

South Chennai

CC/233/2022

S. Raj Kumar - Complainant(s)

Versus

Additional General Manager, IDBI Bank Ltd., - Opp.Party(s)

Party in person

22 Feb 2023

ORDER

                                                  Date of Complaint Filed : 03.06.2022

                                                  Date of Reservation      : 25.01.2023

                                                 Date of Order               : 22.02.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,           : MEMBER II

 

CONSUMER COMPLAINT No. 233/2022

WEDNESDAY, THE 22^nd DAY OF FEBRUARY 2023

S. Raj Jumar,

S/o. B. Suriya Prakasam,

No.93/27, Srinivasa Iyengar Street,

West Mambalam, Chennai – 600 033.                                                                                          ...  Complainant               

..Vs..

Additional General Manager,

M/s. IDBI Bank Ltd,

RAC Centre, first Floor,

No.44/86, 4^th Avenue,

Ashok Nagar,

Chennai – 600 083.                                                                                                                    ...  Opposite Party

 

******

Counsel for the Complainant          : Party in Person

Counsel for the Opposite Party       : Exparte

 

On perusal of records and after having heard the oral arguments of the Complainant in person, we delivered the following:

 

ORDER

Pronounced by Member-II,Thiru. S. Nandagopalan., B.Sc., MBA.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to arrange the necessary documents (FIR Copy, Affidavit Copy, Indemnity Bond, etc.) against loss and /or partially damaged documents, to refund the entire amount (principal+interest) paid by Complainant in the last 10 years and to pay compensation.

2.     The averments of Complaint in brief are as follows:-

The Complainant submits that he took a home loan to purchase a flat from the Opposite Party i.e IDBI Bank Ltd in the month of December 2010 for an amount of Rs.19,83,000/- with loan Account Number.0630675100001823. As per standing instruction of the Opposite Party paying EMI per month was Rs.17,842 to 19,412/- (last paid EMI ) as per floating rate of interest and without any delay paid the EMI for the past 10 years i.e till December 2020. Due to covid, complainant lost his job and subsequently planned to sell his flat in the month of December 2020 for that decided to close the home loan account to sell the property, subsequently approached the bank for loan closure procedure. The Opposite party confirmed his total outstanding as Rs.11,49,763/- as on 20^th December 2020. As per the bank instructions complainant made the total payment of Rs.11,53,250/- (includes additional interest for 10 days) and got loan closure confirmation from the bank on 4^th January 2021. He was continuously following up with the Opposite Party to get the original documents from the bank after closing the home loan. Since there is always an excuse from the bank, the complainant visited the IDBI bank Ltd on 29^th  January 2021 and through one of the representative of IDBI bank person complainant came to know that the documents were partially damaged due to fire accident which has happened in the year of 2017 at Mumbai Stock Holding Corporation of India. He enquired with the opposite party why there was no intimation about the incident from the bank side which has happened three years back i.e; even till the closure of home loan. Since there was no proper reply from the bank, subsequently he asked the bank representatives for further action i.e (FIR Copy, Affidavit Copy, Indemnity Bond, etc) even for that also there was no proper reply from the opposite party. He had registered a complaint on National Consumer Helpline on 30^th January 2021, NCH representative suggested to send email to customercare@idbi.co.in stating the overall grievance about damages of original documents etc. After sending the email he had received only acknowledgement mail but there was no other proper explanation from the bank side. After continuously following up with the Bank and NCH, Opposite Party has sent an email on 23 April 2021, stating that the bank will give the compensation of Rs.25,000/- for partial loss of documents and supporting documents which will not give a proper solution to sell the property. He paid interest to a sum of Rs.16,04,368/- and principal amount of Rs.19,83,000/- the total amount paid to the bank is Rs.36,06,000/-(approximately) for the period from December 2010 to December 2020. Giving Rs.25,000/- as compensation will not support to sell the property. Again the complainant approached NCH, they suggested to register a grievance with the ombudsman and RBI, but there was no proper reply from them either. Finally, NCH suggested to file a complaint against the bank in consumer court. As advised by NCH, for getting to proper solution to sell the property and get the compensation for the mental agony filed this complaint.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents marked as  Ex.A-1 to Ex.A-6. Despite sufficient notice served on the Opposite Party, the Opposite Party failed to appear before this commission and they have been called absent and set Ex-parte.

 Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

 

Point No.1:

 

The contentions of the Complainant are that he had availed a housing loan of Rs.19,83,000/- from the opposite party i.e IDBI Bank for 20 years as seen in Ex.A-1 dated 22-12-2010. At the time of sanctioning the said loan, Complainant mortgaged the property with the opposite party Bank along with original property documents towards the loan Account Number.0630675100001823, for which he had received the acknowledgement letter from the Bank upon submission of original documents as found in Ex.A-2 dated 14-02-2011. Further contended that as per the standing instruction of the Opposite Party paid the monthly EMI's regularly i.e Rs.17,842 to 19,412/- (last paid EMI ) as per floating rate of interest without any delay for the past 10 years i.e till December 2020 as seen in Ex.A-3. The Complainant pleaded that due to Covid he lost his job and subsequently planned to sell his flat in the month of December 2020 for that decided to close the home loan Account No.0630675100001823 eventually approached the bank for loan closure procedure and accordingly paid total outstanding of Rs.11,53,250/- including additional interest for 10 days starting from 21.12.2020 to 02.01.2021 and closed the home loan account. Furthermore, Complainant contended that after settling the loan account he requested the Opposite party bank to return back the original documents surrendered at the time of availing the housing loan. Since there was no response from the Bank the complainant visited the IDBI bank Ltd on 29^th January 2021 and through one of the representatives of IDBI bank the complainant came to know that the documents were partially damaged due to fire accident which happened in the year of 2017 at Mumbai Stock Holding Corporation of India, and it was intimated to him only on 29.05.2021, whereas as per Ex.A-6 the fact of fire accident was intimated as early on 28.05.2020 itself.

 On discussions made above and on considering the facts and circumstances of the case, it is clear that the Complainant availed housing loan for a sum of Rs.19,83,000/- vide Loan Account No.0630675100001823 in the year December 2010 from the Opposite Party by surrendering the original documents and promptly paid the loan EMI's as per the Bank norms and due to Covid outbreak decided to sell his house by closing the loan i.e by December 2020 henceforth cleared the total outstanding by paying sum of Rs.11,53,250/-. As per Complainant calculations the estimated payment made towards the Bank for the said loan is approximately Rs.36,00,000/- even after the said payments, the Opposite party failed to return back the original documents due to the fire accident which has happened in the year of 2017 at Mumbai Stock Holding Corporation of India by causing some partial damages to the documents as admitted by the Opposite party in their letter to the Complainant. Further, Original property documents are very important and their loss adversely affects the value of the property even after the documents were reconstructed. Meanwhile there is no timely intimation from the Opposite party Bank about the incident causing mental agony and harassment, in addition to that Opposite party remains ex parte even after the onus is on them to give a proper solution to the Complainant irreparable loss instead sent a letter stating that they are willing to compensate only a sum of Rs.25,000/-. Hence this Commission is of the considered view that the Opposite party is liable for the aforesaid loss or destruction caused to the original documents submitted by the complainant to the Opposite Party Bank amounts to deficiency of service and the Opposite party is liable to pay the compensation for the loss incurred to the Complainant. Hence Point No.1 is answered.

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Opposite Party is  liable to furnish the following documents as agreed to the Complainant namely 1. Letter from the Bank stating reason for the loss of documents 2. FIR copy about the loss of documents 3.Copy of Panchanama (English & Hindi) 4.  Newspaper publication (English & Hindi about the loss of Complainant documents 5. Certified copy of the Sale Deed of the Complainant from the concerned Sub-Registrar office 6. Letter from SHCIL as agreed by the Opposite Party and to pay a sum of Rs.2,00,000/- towards compensation for the deficiency in service along with a sum of Rs.5,000/- towards cost of the litigation to the Complainant. Accordingly, Point Nos.2 and 3 are answered.

        In the result, the complaint is allowed in part. The Opposite Party is  directed to furnish the following documents as agreed to the Complainant namely 1. Letter from the Bank stating reason for the loss of documents 2. FIR copy about the loss of documents 3.Copy of Panchanama (English & Hindi) 4.  Newspaper publication (English & Hindi about the loss of Complainant documents 5. Certificate copy of the Sale Deed of the Complainant from the concerned Sub-Registrar office 6. Letter from SHCIL as agreed by the Opposite Party and to pay a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) towards compensation for the deficiency in service along with a sum of Rs.5,000/- (Rupees Five Thousand Only) towards cost of the litigation to the Complainant, within 8 weeks  from the date of receipt of the order.

          In the result this complaint is allowed in part. 

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 22^nd of February 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	22.12.2010	Loan sanction letter received from Bank
Ex.A2	14.02.2011	Acknowledgement letter received from Bank acknowledgment against submission of all our original documents
Ex.A3	01.04.2020 to 30.04.2020	Bank statement 2021-22 EMI details before closing of bak loan (last 12 Months)
Ex.A4	27.05.2022	CIBIL Report – Loan closing confirmation from CIBIL
Ex.A5	29.05.2021	Letter received from Bank for damage of documents – intimation letter received by mail from Bank that documents are damaged by fire accident
Ex.A6	29.05.2021	Fire accident details given by bank received by mail Fire accident News Pper, Incident spot Panchanama, letter from SHCIL

 

 

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT