Per Shri B.A.Shaikh, Hon’ble Presiding Member.

1.      This complaint is filed under section 17 of Consumer Protection Act, 1986.

2.      The case of the complainant as set out in the complaint in brief is as under.

a)      The opposite party (for short O.P.) Nos.1 and 2 are respectively the Branch Office and Managing Director of M/s.HDB Financial Services Ltd. The complainant had obtained loan of Rs.13,00,000/- from the said O.Ps. by keeping his property as mortgage  as against that loan. The complainant repaid the entire loan with interest as per agreement on time. He therefore demanded back from the O.Ps. the title documents mortgaged with the O.Ps. by him. However the O.Ps. vide letter dated 10/07/2017 informed the complainant that the original property documents of his property had been kept with their storage vendor and that they regret to inform complainant that inspite of best effort, their vendor is unable to trace out the original documents of the said property. The complainant is entitled to get back the documents as the loan account has been already closed. Hence he filed consumer complaint against the O.Ps. seeking following reliefs.

1. The O.Ps. be directed to pay the complainant compensation of Rs.35,00,000/- towards the loss sustained by him (complainant).
2. The O.Ps. be directed to pay the complainant Rs.2,00,000/- for physical and mental harassment and Rs.1,00,000/- for litigation expenses.

3.        This Commission admitted the said complaint and then issued notice to O.P.Nos.1 and 2. One acknowledgment is received by this Commission about service of notice to respondent No.2, but it was not signed by O.P.No.2. Therefore the advocate of the complainant produced two track reports from India Post Web Site to show that notices issued to O.P.Nos.1 and 2 have been delivered to them. We also found that the notices issued to the O.P.Nos.1 and 2 have been duly served. They remained absent. Therefore this Commission vide order dated 16/03/2018 proceeded ex-parte against them (O.P.Nos.1 and 2).

4.      The complainant in support of the complaint filed copies of following documents.

          Well-come letter issued by O.Ps., list of documents issued by O.Ps., receipts of payments of the loan by the complainant, repayment schedule, closure letter dated 02/07/2017 issued by O.Ps. against full re-payment of loan, communication letter dated 10/07/2017 issued by O.Ps. informing the loss of documents, legal notice dated 16/08/2017 issued by the complainant to the O.P., its acknowledgment and identity proof of the complainant.

5.      The complainant also filed his own affidavit by way of evidence. The advocate of the complainant also filed written notes of arguments. We have also heard advocate of complainant today and perused the entire record and proceedings of the complaint.

6.      The learned advocate of the complainant during the course of hearing has drawn our attention to a letter dated 10/07/2017 issued by O.Ps. to the complainant informing him that his original documents are not being traced out and the O.Ps. are arranging for recreation of the property documents. The advocate of the complainant also submitted that till this date no communication is received from the O.Ps. about recreation of the documents and that the complainant is unable to sell the house property in the absence of the original documents. He further submitted that the complainant wanted to sell out the said property to collect the fund for the purpose of business. He also submitted that now the value of the house has become zero due to missing of the original documents from the custody of the O.Ps. Hence he requested that the compensation of Rs.35,00,000/- claimed by the complainant alongwith other compensation and cost may be granted.

7.      The advocate of the complainant relied on the decision of Hon’ble National Commission in the case of Secretary/Manager, Mayyanand Regional Co-operative Bank……V/s……Ebrahimkutty,   in appeal No.288/2014 decided as per order dated 20/02/2017. In that case also the opposite party/bank did not return the original title deed. The loan case was finally closed on 08/09/2012. The Bank had informed the complainant at that time that the title deed was lost. The complainant had stated that the property was valued at about Rs.75,00,000/- and due to lack of original documents the complainant was unable to sell the property to 3^rd party. Thus alleging deficiency in service on the part of opposite party, consumer complaint        No.C-05/2013 was filed seeking compensation of Rs.25,00,000/- from the opposite party for deficiency in service/unfair trade practice etc.

          In that complaint No.C-05/2013 also the opposite party did not file written version to the complaint. The learned State Commission had held in that complaint case that the complainant is entitled to compensation of Rs.10,00,000/- with interest @ 12% P.A. from the date of the petition till realization. The Hon’ble National  Commission in aforesaid appeal No.288/2014 held  that aforesaid compensation is on higher side as granted by the State Commission. The Hon’ble National Commission directed that the opposite party/appellant shall be liable to pay sum of Rs.5,00,000/- to the complainant for the loss of title deed alongwith Rs.10,000/- as cost of litigation and the amount shall be payable within four weeks from passing of  the order and failing which the  bank shall be liable to pay interest @ 12% P.A. for the period  of delay for making the  payment.

8.        In the instant case also we find that the loss of title deed of the complainant from the custody of the O.Ps. is duly established. We also find that the aforesaid decision is fully applicable to the facts and circumstances of the present case and hence we hold that the O.Ps. rendered deficient service to the complainant by not returning the original title deed of his property after closure of the loan account. We also find that under the facts and circumstances of the present case direction needs to be given to the O.Ps. either to return the title deeds within 30 days from today and or alternatively in case of default to  pay compensation of Rs.5,00,000/- within a period of 30 days and in case of default the  above amount will be payable with interest. Accordingly following order pass.

                                                     // ORDER //

1.       The complaint is partly allowed as under.
2.       The opposite parties are directed to return the original title deed of the complainant to him within one month from today and failing which the opposite parties shall pay to the complainant compensation of Rs.5,00,000/- within 60 days from today and if the opposite parties have failed to pay aforesaid compensation of Rs.500,000/- within 60 days from today in case of default in returning his document to him as above, the opposite parties shall pay aforesaid compensation of Rs.5,00,000/- to the complainant with interest @12% P.A. for the period of the delay in making the said payment.
3. The opposite parties shall also pay to the complainant litigation cost of Rs.10,000/-
4. Copy of the order be furnished to both the parties free of cost..