DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Jodh Singh Grewal s/o Sh. Dharam Singh, r/o H.No.1120, Sector 22-B, Chandigarh.

                                                 ---Complainant

V E R S U S

LIC Housing Finance Ltd., SCO No. 2445-2446, Sec.22-C, Chandigarh, through its Manager.

---Opposite Party

BEFORE:          Sh. LAKSHMAN SHARMA               PRESIDENT

MRS.MADHU MUTNEJA                        MEMBER

                    SH.JASWINDER SINGH SIDHU          MEMBER

Argued By:    Sh. Hitender Kansal, Adv for the Complainant.

OP ex-parte.

PER MADHU MUTNEJA, MEMBER

1.           A complaint regarding allegations of loss of original sale deed by the Opposite Party.

              Briefly put, the Complainant had availed a loan of Rs.3,00,000/- from the Opposite Party against Loan Account No.14002189. As per the requirements of the Opposite Party the Complainant had mortgaged half share of House No. 1120, Sector 22-B, Chandigarh by depositing the original title deed i.e. sale deed dated 06.03.1997 of the said house as a security for repayment of the loan amount.

              Thereafter, another loan of Rs.2,00,000/- was also obtained by the Complainant from Opposite Party against Loan Account No. 14005227 against the same security. The Complainant has stated that he had paid the entire loan amount by March 2010. Subsequently the Complainant approached the Opposite Party to return the original documents/ title deeds of the said house which were taken at the time of sanction of the loan, but the Opposite Party kept putting him off.

              The Complainant then served a legal notice dated 27.05.2011 on the Opposite Party, but the said legal notice has remained unanswered, till date. The Opposite Party however issued a ‘No Due Certificate’ dated 20.09.2011 in favour of the Complainant, but failed to return the original documents deposited with them by the Complainant. The Complainant has alleged that this act of the Opposite Party in delaying the issue of ‘No Due Certificate’ and non-return of original documents after receiving full amount amounts to deficiency in service. He has therefore filed this complaint with a prayer that the Opposite Party be directed to return the original documents, as well as to pay compensation and costs of litigation.  The Complainant has attached all relevant documents along with a copy of the ‘No Due Certificate’ issued by the Opposite Party (Annexure C-4) in support of his complaint.   

2.           After admission of the complaint, notice was sent to the Opposite Party. However, despite service, nobody has appeared on behalf of Opposite Party, therefore, they were proceeded against exparte on 02.12.2011. The matter was then fixed for ex-parte arguments.

3.           Complainant led evidence in support of his contentions.

4.           We have heard the learned counsel for the Complainant and have gone through the documents on record.

5.           It is evident from the ‘No Due Certificate’ (Annexure C-4) placed on record by the Complainant that the loan sanctioned to him by the Opposite Party had been duly re-paid. However, as per the version of the Complainant the Opposite Party  has not yet handed over the original title deeds of the house of the Complainant. This, to our mind, clearly amounts to deficiency in service and harassment to the consumer. 

6.           As Opposite Parties have failed to contest the claim of the Complainant, all the averments of the Complainant go unrebutted.

7.           Hence, the complaint is allowed and the Opposite Party is directed to:-

[a]   Return the original sale deeds of the Complainant within 30 days of receipt of this order. In case the Opposite Party has lost the said sale deeds, Opposite Party shall take steps to obtain duplicate documents from the Estate Office. All expenses for this exercise shall be borne by the Opposite Party. The Complainant should cooperate with them to sign all the necessary papers required for obtaining these documents. In such a situation, the Opposite Party will hand over the new documents to the Complainant within 45 days of receipt of this order.

[b]   In addition pay Rs.20,000/- towards compensation and litigation costs.

8.           The aforesaid order be complied with by the Opposite Party, within the stipulated period referred to above, failing which, they shall be liable for a further fine of Rs.1000/- per day, till the compliance of the order. 

9.           Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

16^th January, 2012.                                                        Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER