1.       The complainant, Mr. Ramisetty Ravindranath, availed loan of Rs.2,06,262/- for construction of a house.  The original sale deed of the house and the associated documents were deposited with the OPs 1 and 2/Food Corporation of India.  The registered mortgage deed was executed on 21.12.1994 as a security towards the loan.  The complainant repaid the entire loan amount by March, 2010 and thereafter, the re-conveyance deed was executed between the parties.  However, the OP did not deliver the original title deed and the linked documents deposited with them.  Therefore, the complainant approached the District Consumer Disputes Redressal Forum, Nellore for alleged deficiency in service on the part of OPs.

2.       The District Forum held the OPs for deficiency in service for not returning the documents and allowed the complaint with a direction to OPs 1 and 2 to deliver the certified copy of original house documents to the complainant alongwith certificate regarding loss of originals and pay damages of Rs. 1 lakh with cost of Rs. 5,000/-. 

3.       Being aggrieved by the order of District Forum, both the parties filed first appeals before A.P. State Consumer Disputes Redressal Commission, Hyderabad.  F.A. No. 58 of 2015 was filed by OPs for dismissal of complaint whereas F.A. No. 297 of 2015 was filed by the complainant seeking enhancement of compensation.  The State Commission dismissed both the appeals.  Hence, the complainant/petitioner filed this instant revision petition for enhancement of compensation. 

4.       Heard learned counsel for the petitioner.  He submitted that the OPs have grossly erred and lost the original sale deed.  It was the obligation of the OPs to hand over the originals after repayment of loan but the OPs are taking frivolous ground that they handed over the documents through courier service. 

5.       Perused the material on record and the order of State Commission.  The State Commission while dismissing the appeal No. 58 of 2015 filed by OP clearly observed that:

“10. U/s 60 of the Transfer of Property Act, 1882 a mortgagor has a right, on discharge of his obligation of repayment, to require the mortgagee to deliver all documents relating to the mortgaged property which is in possession of the mortgagee.  As per the said provision, a duty is cast on the opposite parties, who had received the original documents from the complainant to return them as soon as the loan is cleared.  The material on record discloses that the opposite parties did not discharge the said statutory obligation.  As rightly contended by the complainant the opposite parties cannot escape their responsibility by merely entrusting the documents to a third party Courier Service which is in no way connected with the complainant.  Therefore, as held by the Hon’ble Commission in State Bank of India & Ors. Vs. Darshan Lal reported in 2016 Vol. II CPJ 47 (NC), the opposite parties must be held to be guilty of deficiency in service.  The District Forum, therefore, is right on this aspect of the matter.

6.       Regarding the enhancement of compensation, the counsel for the complainant submitted that it was the sale deed of property and important original document, which carries more value in the market.  Therefore, in future, there will be difficulty in any valid transaction on the basis of certified copy.  Also, he will not get higher appreciation in the market without original property documents.  It is an admitted fact that the respondents/OPs have lost the original documents as the same are dispatched through professional courier vide acknowledgment dated 16.9.2011 but said consignment was not received.  Upon inquiry, the OP replied vide its letter dated 19.10.2012 stating that original documents of the petitioner has been dispatched to District Office, Nellore of Food Corporation of India and thereafter it was advised to OP 2 to follow up the matter. 

7.       In my view, any person is not barred for any transactions on the basis of either certified or duplicate copies if the originals are lost.  Even otherwise, the complainant can procure duplicate copies or certified copy from the concerned registering authority, it will not change the likelihood or the tenor of title.   In my view, the award passed by District Forum is just and proper compensation and there is no need for any enhancement.  I do not find any merit in the instant revision petition, accordingly, it is dismissed in limini.