Date of Filing: 01.11.2016

                                                                                        Date of Order: 20.08.2018                                                                                                                                                                                                                                                                                                                                                                                                                                                    

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD

P r e s e n t­

HON’BLE Sri P.Vijender, B.Sc. L.L.B.  PRESIDENT.

HON’BLE Smt. Kasturi, B.Com., LLM., MEMBER.

Monday, the 20^th day of August, 2018

C.C.No.508/2016

Between     

Miss. Lourdina Martin,

D/o. Sebastian Martin,

Aged : 48 years, Occ: Senior Staff  Nurse,

Khoula Hospital,

Muscat, Oman, R/o. H.No.8-2-603/B/34/C,

Zaheera Nagar, Road No.10,

Banjara Hills, Hyderabad.

(Complainant is represented by her G.P.A. Holder,

Noel Prakash Martin S/o. Basil Martin,

Aged 36 years, Occ: Pvt. Service,

R/o. H. No. 8-2-603/B/34/C,

Zaheera Nagar, Road No.10,

Banjara Hills, Hyderabad.                                       ……COMPLAINANT

And

1. ITCOT Consultancy and Services Limited,

Rep. by its Senior Project Officer,

O/o. Venkateswara Rao, Advocate,

Flat No.G-3, Sasi Rekha Chambers,

Trimulgherry X Roads,

Secunderabad -15.

2. ITCOT Consultancy and Services Limited,

Rep. by its Managing Director,

50-A, Greams, Chennai,

Tamil Nadu – 600010.                                            …..OPPOSITE PARTY

Counsel for the complainant         :  M/s. B.Jayakar & Associates

Counsel for the Opposite Parties   :  Sri P.Venkateswara Rao

O R D E R

(By Hon’ble Sri P.Vijender, B.Sc., LL.B., President on behalf of the bench)

            The complainant preferred this complaint under Section 12 of C.P. Act of 1986 seeking a direction to the Opposite Party no.2 to handover the Original title Deed bearing No.1222/1992 dated 10.02.1992 in respect of Plot No.110 forming part of Sy.No.355, 365, 366 & 368 situate at Simhapuri Colony, Nagaram Village, Keesar Mandal, R.R. District, along with the other link documents of the said property and to award a sum of Rs.20,000/- towards cost of this complaint.

1. The complainant case in brief is, She is a bonafide purchaser of House bearing No.7-110 constructed on Plot No.110 forming part of Sy.No.355, 365, 366 & 368 situate at Simhapuri Colony, Nagaram Village, Keesar Mandal, R.R. District having purchased it from Mr. Anthony Micheal by way of registered sale deed dated 21.08.2000 in the Office of Sub-registrar, Shameerpet, R.R. District.  Ever since, the date of purchase she has been in continuous possession and enjoyment of the property and paying property taxes to the concerned Grampanchayat. All of a sudden she found that the same property is subject matter of a loan account No.HYD 98, dated 13.01.1992 covered by OA.No.738/2001 in DRT-I, Mumbai taken from Indian Housing Finance and Developers Ltd., which is a public limited company.  The said loan was availed by Mr. Anthony Michael and he defaulted in repayment of the loan.  Hence, the above said Company got appointed the Opposite Party as a receiver by DRT-I, Mumbai by order dated 23.11.2004 in OA.No.738/2001.  She received a letter dated 01.09.2009 from Opposite Party disclosing these facts.  Before the purchase of said property she got verified the Encumbrance Certificate.  However, inorder to settle the loan account she prepared to pay the loan amount.  Her vendor Anthony Micheal expired on 13.07.2003 and she is not aware of his legal heir’s details. 
2. Since, the Opposite Party was hell bent upon to recover the loan account under SARFAESI Act, she approached Opposite Party No.1 at Hyderabad Office and sought for one time settlement of loan amount and same was agreed and she was asked to pay an amount of Rs.2,40,000/- as final due under one time settlement.  Complainant paid the said amount to Opposite Party No.2 by way of a D.D. on 21.11.2009 and having collected the same Opposite Party No.1 issued a receipt on 02.12.2009.  After paying the loan amount the complainant asked the Opposite Parties to hand over the documents.  But Opposite parties has been dodging the issue with no proper response.  Hence, she got issued a legal notice on 29.08.2016 requesting the Opposite Parties to handover the original title deeds of the property.  But, even then there was no response and it amount to deficiency of service by Opposite Party No.2 which collected the entire loan amount. Hence the present complaint for the above said relief.             
3. The Opposite Parties filed a common written version stating that, Mr. Anthony Michael purchased the plot admeasuring 200 Sq. yards in Plot No.110 forming part of Sy.No.355, 365, 366 & 368 situate at Simhapuri Colony, Nagaram Village, Keesar Mandal, R.R. District by a Registered Sale Deed Document No.122/1992.  For construction of house on the said plot he availed housing loan of Rs.1,00,000/- in the year 1992 from Indian Housing Finance Development Limited.  He had executed necessary loan documents and deposited original registered Sale Deed for the purchase of the Plot as security for due payment of loan amount.  Mr. Anthony Micheal failed to repay the loan due inspite of several demands made by IHFD Ltd.  
4.        Indian Housing Finance Development Ltd., barrowed the monies from National Housing Bank and since there were several defaulters IHFD Ltd., could not repay the loan to National Housing Bank.  Hence, National Housing Bank was constrained to file a Civil Suit No.3377/1995 on the file of Hon’ble High Court at Mumbai and later the said Suit was transferred to DRT at Mumbai and was renumbered as O.A.No.738/2001 on the file of Debt Recovery Tribunal-I, at Mumbai wherein the Opposite Parties herein were appointed as court receivers to receive the amounts from various defaulters of IHFD Ltd.,.  The Opposite parties got issued notices to defaulters calling upon them to repay outstanding loan dues.  The present complaint on receipt of a letter from Opposite Parties addressed a letter on 29.08.2009 informing that she was not aware of availment loan by her vendor Mr. Anthony Micheal and she is a bonafide purchaser of the property by a registered Sale Deed and that her vendor Mr. Anthony Micheal died in the year-2003 and she is prepared to settle the loan dues.  There upon the Opposite Parties addressed a letter to the complainant informing her that an amount of Rs.3,50,168/- is due under the loan account of her vendor Mr. Anthony Michael.  Along with letter the Opposite Parties have sent the copies of the loan agreement executed by the borrower and inorder to settle the dues, she has to pay an amount of Rs.3,50,168/- by way of a D.D.  She was further informed that, she has to submit a Power of Attorney from the original borrower authorizing her to receive the document and in case of death of original borrower is legal heirs have to execute a Power of Attorney.  She was also informed in the letter dated 01.09.2009 that she has to get an appropriate orders from the court for release of original title deeds of the property in her favour.     
5. Thereafter, at the request of the complainant the Opposite Parties have settled the claim for an amount of Rs.2,40,000/- under one time settlement and said amount was paid by her by D.D. bearing No.688243 dated 21.11.2009 towards full and final settlement of loan account of Mr. Anthony Michael bearing No.HYD-98.  The Opposite Parties have addressed a letter to the complainant on 02.12.2009 requesting her to move an application in the appropriate court for release of original title deed and other link documents of property since, the original borrower died.  It was further informed to her that Opposite Parties are not responsible for any delay in release of original document title deeds of the property.  The Opposite Parties are ready to abide by any orders of this Forum regarding handing over of original registered sale deed bearing No.1222/1992 to the complainant herein.          
6.            In the enquiry stage for the complainant got filed her evidence affidavit reiterating the substance of her complaint and she also got exhibited Memorandum of title deeds dated 21.08.2000, receipt dated 02.12.2000 copy of legal notice, postal receipt there off acknowledgment for service said notice property tax receipt dated 21.10.2016 and letter received by her from the Opposite Parties as Ex.A1 to A7.   On behalf of the Opposite Parties evidence affidavit of one Mr. Rajavenkatesh stated to be Assistant Vice President of Opposite Party No.2 is got filed and the substance of the same is in tune with written version.  He too got exhibited copies of letters addressed by it to the complainant, as Ex.B1 to B3.  
7.           In subject matter there is nothing to be decided by this Forum because the Opposite Parties have categorically stated that, they are prepared to abide any order passed by this Forum.  Though the complainant has alleged that by not returning the original title deeds of the property, the Opposite Parties have caused deficiency of service there is no substantiate for it.  By Ex.B3 letter dated 02.12.2009 the Opposite Parties have not denied the claim of the complainant that she is a bonafide purchaser of the property for value and having regard for it they intended to settle the account in one time settlement on receipt of Rs.2,40,000/- though, the outstanding due of the loan account was Rs.10,50,168/- and received Rs.2,40,000/-from the complainant and she was advised by the Opposite Parties to move an application in an appropriate court for receiving of the documents because by then the original borrower Mr. Anthony Michael was no more.  Inspite of this advice of the Opposite Parties the complainant has not moved any application in any Forum or court except the present one in the year 2016.  What made the complaint to await for nearly 7 years in filing the present complaint after receipt of Ex.B3 letter is not stated.  Hence she can’t allege any delay on the part of the Opposite Parties for deficiency of services to her.
8.           In the light of the fact the complainant as a bonafide purchaser of the property from it’s original owner Mr. Anthony Michael and having got settled the loan account of her vendor Mr. Anthony Michael who default the loan but suppressed the same while convey the property to the complainant she is entitled to receive the original title deeds of the property along with other documents which are now in the custody of Opposite Parties who agreed to deliver the same.  Hence, the complaint is allowed directing the Opposite Parties to release the title deeds and other link documents if any in the name of Mr. Anthony Michael infavour of the complainant within one month from the service of this order.  No order as to costs.            
9. In the result, the complaint is allowed directing the Opposite Parties to release the Original title Deeds and other link documents if any, in the name of Mr. Anthony Michael infavour of the complainant within one month from the service of this orders.  No order as to costs.            

          Typed by Typist, corrected and pronounced by us on this the   ^th day of August, 2018.

MEMBER                                                                                           PRESIDENT

APPENDIX OF EVIDENCE

 PW1                                                                                                 DW1

Sri Noel Praksah Martin,                                                                 Mr. Rajavenkatesh

GPA Holder                                                          Assistant Vice President of OP No.2       

Exs. filed on behalf of the Complainant:

Ex.A1 is copy of Memorandum of Deposit of Title deeds, 21.08.200.

Ex.A2: is copy of Receipt dt.02.12.2009.

Ex.A3 is copy of Legal Notice, 29.08.2016.

Ex.A4: is copy of Postal receipts, dt.29.08.2016.

Ex.A5 is copy of Acknowledgment.

Ex.A6: is copy of Property Tax Receipt.

Ex.A7 is copy of Letter from Opposite Party dt.01.09.2009.

Exs filed on behalf of the Opposite party

Ex.B1 is copy of letter addressed by Ops to the complainant, dated 01.09.2009.

Ex.B2 is copy of letter addressed by complainant to Ops., dated 30.11.2009.

Ex.B3 is copy of letter addressed by Ops to the complainant, dated 02.12.2009.

MEMBER                                                                                           PRESIDENT          

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