DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.347/2014
Mrs. Kusum Pandey
W/o Mr. Vijay Narain Pandey
R/o 64-B, Phase-II, DDA Flats,
Katwaria Sarai, New Delhi- 16
….Complainant
Versus
M/S ICICI Bank Ltd.
S-3, Green Park, New Delhi
….Opposite Party
Date of Institution : 02.09.2014
Date of Order : 02.03.2022
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Ms. Kiran Kaushal
- Succinctly put, Complainant availed a loan facility from M/S ICICI Bank Ltd. hereinafter referred to as OP. Home Loan Account No. LBDEL00001400269 commenced from 10.10.2006. A loan facility agreement was also executed for payment to be made vide EMIs. As a prerequisite for grant of a loan facility OP deposited documents in original of the property for which the Complainant had availed the loan facility, for the purpose of security. The Complainant paid the instalments as per the terms and conditions of OP without any default and thereafter got the No Dues Certificate from OP on 30.07.2012.
- On Receiving the NOC from OP, Complainant demanded the original documents from OP whereby, he was informed that OP had lost the original documents of the property except the Title Deed dated 04.10.2006. It is averred that after various correspondences and personal visits, OP handed over the recreated documents and the same were received by the Complainant without prejudice to her right.
- As Complainant did not receive all the documents, she sent a legal notice to OP; thereafter OP wrote an e-mail to the Complainant to collect certain documents. To utter shock and surprise of the Complainant, she was given few more documents. However, two original documents that is DDA Allotment Letter and DDA Possession Letter were not given back to the Complainant.
- Aggrieved, Complainant approached this Forum for directions to OP to pay Rs.2,00,000/-towards damages, Rs.1,00,000/- towards compensation for mental harassment and Rs.10,000/- towards litigation expenses.
- OP resisted the Complaint stating inter-alia that the original documents submitted by the Complainant in lieu of the loan, consisting of Sale Deeds, Conveyance Deeds and few receipts have already been returned to the Complainant before filing of the present complaint. It is next stated that two of the documents that is Conveyance Deed dated 03.05.2006 and Sale Deed dated 29.05.2006 were untraceable. However, as per the procedure OP recreated the said documents and the same were handed over to the Complainant alongwith a copy of the FIR and public notice. It is also stated that the Complainant never submitted original DDA Allotment Letter and Possession Letter hence; there is no question of returning original of the same.
- Denying any deficiency of service on part of OP, it is prayed that the present complaint be dismissed with costs.
- The averments made in the complaint are reiterated by the Complainant in rejoinder. Evidence by way of affidavit and written arguments are filed on behalf of parties. Arguments of parties are heard and document placed on record are perused.
- Complainant in support of her case has filed two documents -
- Certificate letter dated 30.07.2012 by OP Bank annexed as Annexure-A stating that the Home Loan amount has been repaid in full.
- Receipt of documents by the Complainant from OP dated 13.05.2013 annexed as Annexure-A1.
- Dispute between the parties is that the Complainant alleges that he has not received two original documents namely DDA Allotment Letter and DDA Possession Letter from OP, which were submitted alongwith other documents to the OP as a prerequisite to the Home Loan taken by the Complainant. The said fact has been specifically denied by OP in paragraph 10 of the Written Statement OP has challenged the Complainant to strictly prove the same. Complainant in rejoinder has reiterated the contents of the complaint and has mentioned some document with NCR No. 1258/2013, however the said NCR has not been placed on record.
- Annexure-A1, wherein the documents received by the Complainant for ready reference is reproduced below:
May 13, 2013
To,
ICICI Bank Ltd.
Acting for itself and/or as duly constituted attorney of ICICI Home Finance Ltd.)
Location
Closure of Housing Loan Account: LBDEL00001400269
Application No. 7776486289
Dear Mr./Mrs.: KUSUM PANDEY
This is to put on record that I have repaid all dues on the Housing Loan LBDEL00001400269 sanctioned by ICICI Bank Limited (acting for itself and or as duly constituted attorney of ICICI Home Finance Company Limited).
I acknowledge having duly received the following documents/papers from ICICI Bank Ltd.
A:
S.No. | PDCs | Amount | Dated From | Dated To |
| Not Applicable | | | |
B:
S.No. | Original Documents | Dated | DOC No/Period | No. |
1. | Agreement to Sell and Purchase | September 18, 2006 | - | 1 |
2. | Finishing Agreement | September 19, 2006 | - | 1 |
3. | Title Search Report with Fee Receipt | September 13, 2006 | - | 1 |
4. | Sale Deed | October 4, 2006 | - | 1 |
C:
S.No. | Copy of Documents | Dated | DOC No/Period | No. |
1. | Receipt | September 5, 2006 | - | 1 |
2. | Receipt | September 5, 2006 | - | 1 |
3. | Inventory of Fitting & Fixtures | September 5, 2006 | - | 1 |
4. | Possession Certificate | April 21, 2006 | - | 1 |
5. | NOC for water & Electric Connection | August 5, 2006 | - | 1 |
6. | Challan | | - | 3 |
7. | Sale Deed | May 29, 2006 | - | 1 |
8. | Allotment Cum Demand Letter | September 5, 2006 | - | 1 |
9. | Conveyance Deed | May 3, 2006 | - | 1 |
10. | Allotment Letter | September 5, 2006 | - | 1 |
Received one Notarized Agreement to Sell and Purchase and Finishing Agreement and also registered Sale Deed (Original) dated 04.10.2006 and Copy of the Documents from Sr. No. 1 To Sr. No. 10 without Prejudice to my other original documents.
Thanking You
Kusum Pandey
- The above reproduced document is duly signed by the Complainant and the words written in Italics are hand written by the Complainant. Complainant here herself is stating that copy of the documents from Sr. No.1 to Sr. No.10 have been received by her which includes Possession Certificate at serial no.4 and Allotment Cum Demand letter at serial no. 8.
- We are of the opinion that Complainant has failed to show that she had given the two original documents that is DDA Allotment Letter and DDA Possession Letter to OP, without having given the said documents to OP there is no question of receiving them from OP. No mail or document has been brought on record to show that the original HDDA Allotment Letter and original DDA Possession Letter was handed over to OP at the time of taking Housing Loan. Therefore, in the absence of any concrete evidence by the Complainant to show that these two original documents were handed over to OP, we are of the opinion that the Complainant cannot allege any deficiency of service by OP.
- However, on account of negligence of misplacement of documents and consequential mental agony for the delay in recreating and providing the documents to the Complainant this Commission awards an amount of Rs.50,000/- as compensation. OP is directed to pay Rs.50,000/- within two months, failing which OP shall be liable to pay 8% interest on the same till realization.
File be consigned to the record room after giving a copy of the order to the parties as per rules.
