Shri A. Chanda, Member.   

This is an application u/s.12 of the C.P. Act, 1986.

          In brief, it is the verse of the complainant that the complainant took loan from the OP1 vide loan a/c. No.41006930 amounting to Rs.40,000/- from Housing Finance Ltd. in the year 1990 by deposing original title deed being No.3167 of the year 1991 to the OP after mortgaging the property for granting such loan by the OP.  Fact remains that after taking the loan from OP the complainant intended to clear the entire EMIs for releasing the said deed and accordingly cleared entire EMIs because original title deed was highly required for purchasing a flat at Dum Dum but before time he repaid the entire loan amount to the OP and requested the OP to return the original deed of conveyance but in spite of several persuasions in the matter lastly, he sent a notice on 30-11-2011 but the OP did not pay any heed and so for proper redressal the present complaint is filed.

          In its written version, the OP is stated that the complainant in fact paid the entire dues of the said loan account in the month of June, 2010 but no title deed was deposited to the OP so there is no question to return it but complainant shall have to prove the fact of title deed and further submitted that entire complaint is false and fabricated when complaint is not maintainable when the loan account had already been closed in the year 2010 when loan account was liquidated on 21-06y-2010 and so this Forum has no legal authority to decide when it is not consumer dispute.

          The main contention of the complainant is that though he repaid the entire loan amount to OP, but did not get back the original deed of conveyance being No.3167 of the year 1991 till date from the OP, in spite of several demands made by the complainant.

          We have gone through the details of the records and observed that it is true and admitted fact that the complainant repaid the entire amount against said loan account finally on 21-06-2010 but OP has not admitted the allegation for non-returning the alleged title deed another ground that OP has not admitted any fact of depositing the alleged title deed by mortgaging the same at the time of disbursing loan.  But after considering the complaint and its material it is found that there is no such in the hand of the complainant to prove that original title deed was deposited by mortgaging.  But ultimately complainant somehow produced a Xerox copy of a letter dated 12-11-2011 sent by Manager Operation of the OP to the O.C. Bowbazar informing that original IGR of Dipak Kumar Nandy. Vide No.3167(1991) had been lost from OPs office what came to OPs knowledge on 11-11-2011 and that fact was        to P.S. but in the written version or in evidence in chief that the IGR of Deed of Conveyance of the complainant had been misplaced from OP’s custody so it is proved that OP adopted an unfair trade practice to dismiss the complainant though OP is responsible and negligent act and deficiency on OPs part, is well proved but OP’s immoral act as Insurance Copmpany is highly condemnable and at the same time OP is proved a dishonest Company who has not cared to express falsely and to swear all affidavit  be support of false fact and statement and for which complainant’s case is proved a truth for which the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP with a cost of Rs.5,000/-.

          The OP is directed to pay compensation of Rs.6,000/- (Rupees Six thousand only) to the complainant for adopting unfair trade practice to obtain the copy of the deed of conveyance from the office of the “Register without delay after taking help of the complainant at the cost of the OP.

          At the same time, Registering Authority, as per this order, is directed to handover the original Deed of Sale being Deed No.3167 of 1991 to Dipak Kr. Nandi as per written consent of the LIC Housing Finance Ltd. 4, C.R. Avenue, Kolkata, as original IGR is lost from the custody of the OP.

          For adopting an unfair trade practice by the OP and also for giving false and untrue version before this Forum to mislead this Forum OP shall pay and deposit punitive damages of Rs.15,000/- to the SCWF of this Forum within one month from the date of this order.

          The OP shall have to comply the above order very strictly within 45(forty-five) days failing which for each day’s delay and disobedience of Forum’s order OP shall have to pay penalty @Rs.300/- per day till full satisfaction of the decree and, if any, reluctant attitude of the OP is found for complying the Forum’s order in that case penal proceeding u/s.27 of the C.P. Act, 1986 shall be initiated against the OP.