Shri A. K. Chanda, Member.   

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

            The case of the complainant, in brief, is that he entered into an agreement on 09-04-1999 with the OP2 for purchasing a flat No.F.2, 1^st Floor, Block – A, Plot No.16, Bidyakut Abasan, Narayanpur, P.S. Airport.  The complainant has taken loan from the OP1 vide loan a/c. No.410022640 amounting to Rs.2 lakhs and kept the original LIC Policy No.414676804 along with original agreement for sale dated 09-04-1999 for granting of such loan by the OP1.  Fact remains that after taking the loan from OP1 the petitioner purchased the flat from the OP2 and executed the registered deed of conveyance regarding the scheduled mentioned flat dated 03-12-1999 and the OP2 deposited the original IGR to the OP1 in respect of the said deed of conveyance as per terms of loan with the complainant.

            The specific case of the complainant is that after purchasing the flat within due time he repaid the entire loan amount to the OP1 and received a letter dated 01-04-2010 from the OP1 along with (a) original agreement for sale dated 09-04-1999 (b) money receipt, (c) Original LIC Policy No.414676804, but the OP1 did not return the original deed of conveyance or original IGR till date in spite of several persuasions in the matter.  Lastly, he sent a legal notice on 23-08-2011 by registered post with A/D, but the OP1 did not pay any heed.  Hence, this case.

            In its written version, the OP1 stated that the complainant while taking back the original agreement for sale, money receipt and the policy bond, never raised any objection that the IGR receipt was not handed over to him.  The OP1 also stated that during the period of renovation of the office premises at Hindusthan Building, the files were shifted from ground floor to upper floors record room and due to such shifting there was misplacement of the files and they were unable to trace out the original IGR if it had been in their custody.  But the OP1 is ready to co-operate with the complainant so that the deed of conveyance could be collected from the Registering Office by submitting a joint application as per the procedure followed by the Registrar for Collection of the Original Deed of Conveyance in absence of the original IGR but the complainant did not give his consent to the proposal made by them and thereafter, the complainant kept himself totally silent and did not contact them. 

Whereas the OP2 stated that after the execution and registration of the deed of conveyance of the flat and according to the direction and consent in the presence of the complainant, the OP2 handed over the original IGR to the OP1 as per arrangement by and between the complainant and the OP1, in respect of which the OP-2/Khadim Construction Pvt. Ltd. merely acted as a facilitator and as such, the OP-2 can be made responsible for any liability.

Decision with Reasons

Admittedly, it is a fact that the complainant purchased a flat No.F-2, 1^st floor, Block-A, Bidyakut Abasan, Narayanpur, P.S. Airport, Dist-24 Pgs(North) from the OP2 after obtaining loan from OP1.  As per the arrangement of obtaining the loan and according to terms and conditions, the complainant kept the original LIC Policy No.41467804 along with the Deed of Conveyance dated 03-12-1999 vide deed No.270, the original, IGR with the OP-1 on 07-02-2000.  The main contention of the complainant is that since he repaid the entire loan amount of OP1, but did not receive the original deed of conveyance dated 03-12-1999 or original IGR till date from the OP-1, in spite of several persuasions to them.

            We have gone through the details of the records and observed that it is true and admitted fact that the complainant after repayment of the entire amount to the OP-1, he did not receive the original deed of conveyance dated 03-12-1999 being No.270/Original IGR from the OP1.  The OP-1 also admitted in its written version that during the period of renovation of their office premises at Hindusthan Building the files were shifted from ground floor to upper floor records room and due to such shifting there was misplacement of files and they are unable to trace out the original IGR of the complainant and for this reason they had already requested the complainant to cooperate with them and to submit a joint application before the Registrar for collection of the Original Deed of Conveyance so that the Deed of Conveyance could be collected from the office of the Register.  So, it is accepted position that the OP-1 has admitted the complaint of the petitioner that the IGR was misplaced from their custody. So they have asked the complainant to co-operate for obtaining the certified copy of Deed of Conveyance from the office of the Register for which the complainant did not pay any heed to that.

Considering the above situation, we may ask the complainant to cooperate with the OP1 and submit the joint application before the Registering Authority for obtaining the Deed of Conveyance.

            But we are also very much concerned that for such sort of act of OP-1 and due to their negligence, the records of original Deed of Conveyance of the complainant have been misplaced from their custody and he suffered from mental agony for which the OP-1 is responsible and for this negligent act and deficiency on its part, the OP-1 is liable to pay compensation at least amounting to Rs.5,000/- to the complainant along with litigation cost of Rs.2,000/- for such harassment

            In the result, the case succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OP-1 with a cost of Rs.2,000/- (Rupees Two Thousand only) but dismissed against the OP-2.

            The OP-1 is directed to pay compensation of Rs.5,000/- (Rupees Five Thousand only) to the complainant for such negligent act and also the complainant advised to take positive step along with the OP1 to obtain the copy of the deed of conveyance from the office of the Register without delay.

            At the same time, registering Authority, as per thisorder, is directed to handover the original Deed of Sale being Serial No.-5629 of 03/12/1999 being Deed No.-270 of Book No.-I to Madhusudan Dey as per written consent of the L.I.C. Housing Finance Ltd. 4, C. R. Avenue, Kolkata, as original IGR is lost.

The OP1 shall have to comply the above order very strictly within 45 (forty five) days failing which for each day delay and disobedience of Forum’s order OP shall have to pay penalty @Rs.200/- 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.