A-182/2024
14-1-2024
ORDER ON ADMISSION
BY SRI RAVI SHANKAR, JUDICIAL MEMBER
The appellants/complainants preferred this appeal against the order passed by the District Commission which directed the OPs/Respondents to pay compensation of Rs.2.00 lakhs towards deficiency in service for not delivering the original documents which were kept as security under mortgage and also directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- litigation expenses and submits that he had availed a loan to the tune of Rs.60.00 lakhs for construction of house. At the time of agreement, the entire original documents were handed over to the OPs/Respondents bank. After completion of the loan, they demanded for return of the entire documents which were deposited, but the OPs/Respondents bank are not returned the documents, for one or the other reasons and subsequently they have intimated that the original documents were sent through courier to their head office for their safe custody, but later on they have noticed the said documents were lost. Immediately the complainant demanded for filing police complaint and also to hand over the certified copies, but the OPs/Respondents delayed for doing so. Hence, he issued a legal notice and sought for compensation to the tune of Rs.1.00 crores towards mental agony and loss of documents, subsequently filed a complaint before the District Commission.
2. The District Commission after trial allowed the complaint and directed this OPs/Respondents to pay meager amount of Rs.2.00 lakhs towards compensation and meager amount of Rs.10,000/- towards mental agony and also directed to execute the deed of declaration. Being not satisfied with the order, the appellants/complainants approached this commission and sought for enhancement of the compensation there is deliberate negligence on the part of the OPs/Respondents in not providing the documents as required after the original documents were not found, hence sought for compensation to the tune of Rs.1.00 crores.
3. The District Commission without considering the said mental agony and inconveniences and also loss of market value of the property had illegally awarded the above said amount. The order passed by the District Commission is not in accordance with law. Hence prays to set aside the order passed by the District Commission and enhance the compensation to the tune of Rs.1.00 crores as prayed in the complaint, in the interest of justice and equity.
4. Heard on admission.
5. On perusal of the certified copy of the order and memorandum of appeal, it is an undisputed fact that, the original documents were lost during transit. It is also not in dispute that the complainant had issued a legal notice called upon the OPs/Respondents to pay compensation of Rs.1.00 crores towards mental agony and for deficiency in service. We noticed the OPs/Respondents bank had after not tracing out the original documents have suggested to provide indemnity bond and deed of declaration with respect to the original title deeds and also assured to provide certified copies of the original documents. Being not satisfied with the said, the complainant approached the District Commission and sought for compensation of Rs.1.00 crores towards mental agony. The District Commission after appreciating all the documents produced before the District Commission by both parties had arrived for conclusion that the OPs have rendered deficiency in service and direction was given to pay Rs.2.00 lakhs compensation for deficiency in service and Rs.10,000/- towards mental agony. The award passed by the District Commission according to us is just compensation. We are of the opinion that, the complainants sought for compensation of Rs.1.00 crores towards mental agony without any basis. When the OPs/Respondents bank had assured to provide declaration deed along with indemnity bond and promise to provide certified copies, we do not feel a compensation awarded by the District Commission is very meager. At the same time, the complainant has not placed any materials to show that they suffered such a mental agony which has to be compensated by way of monetary compensation to the tune of Rs.1.00 crores.
6. Further we are of the opinion that, the certified copies of the original documents are as good as the original for the purpose of alienating the property in future by the complainants. Merely loosing the original documents will not make a ground for depreciation of the market value. Hence, the District Commission after considering the above said facts had concluded there is a deficiency in service on the part of the OPs/Respondents and awarded just compensation of Rs.2.00 lakhs, the award is just and proper. We do not find any valid grounds for enhancement of the said compensation. As such no interference is required and accordingly the appeal is dismissed and the order passed by the District Commission is confirmed. Accordingly, we proceed to pass the following:
O R D E R
The appeal is hereby dismissed. No order as to cost.
The impugned order 18-08-2023 passed by the 4th Additional District Consumer Disputes Redressal Commission, Bengaluru in CC.No.323/2021 is confirmed.
Send a copy of this order to both parties as well as concerned District Consumer Commission.
Member Judicial Member
