ORDER

23.10.2024

SH. RAJESH, MEMBER

1. Present complainant has been filed by complainant seeking direction to OP to return the original title documents in case OP fails to trace the documents than OP’s shall sell the mortagzed house at the prevalent market price and the sale proceeds be handed over to the complainants and also pay compensation against mental agony and harassment caused by the OPs to complainants.
2. It is stated that complainants being husband and wife respectively approached the OPs bank for sanctioning the home loan for the purchase of a flat. 
3. It is stated that for grant of loan from OPs the complainants submitted the following documents with the OPs.

1. Original conveyance deed Doc No. 3261 dated 11.06.2012 in favour of Madhuri Saha.
2. Original Possession Letter dated 27.06.2012.
3.  Original Provisional Allotment letter dated 08.12.2006.
4. Original Buyers Agreement dated 31.03.2007.
5. Original Agreement to sell dated 21.06.2012
6. Original sale deed doc No. 5482 dated 16.07.2012 in favour of Ashish Kumar Sharma and Sonika Sharma.

4. It is stated that after complainants deposited the original documents with OP Bank and the Bank i.e. OPs was pleased to sanction the loan of Rs. 16 Lakhs to complainants.
5. It is stated that complainants paid off the entire loan and got No Dues Certificate dated 12.07.2019. Thereafter complainants made request to OP to return the original documents however OP failed to return the same admitted that the said documents were lost by OP.
6. It is stated that complainant issued final notice dated 27.09.2019 detailing therein his plea and the negligence on the part of the OPs.
7. Complainants have approached this Commission seeking redressal of their grievance.
8. Notice was issued to OPs who appeared and filed their joint detailed written statement denying the allegations made against them respectively however failing to file evidence by way of affidavit despite sufficient opportunity the right to file evidence was closed vide order dated 24.08.2023 as such the written statement filed by OP was taken off the record.
9. Complainant has filed his Ex parte evidence by way of affidavit reiterating the allegations made in the complaint.
10. We have heard complainant in person and counsel for OP and carefully perused the record available before us. 
11. From the bare perusal of the facts and allegations made in the complaint by the complainant it is apparent that complainant is seeking direction to OP to return the documents or sell the property and submit the sale proceeds to complainants with cost and compensation.  
12. The Point for consideration in the present complaint before us is whether not returning documents kept by OP bank for granting loan amounts to deficiency in service.
13. According to the Complainant, the original registered sale deed of his flat is a crucial document, which the Opposite Party was responsible for safeguarding and returning after the loan account was closed. Due to the non-return of the original sale deed, the Complainant is unable to sell his flat, as prospective buyers are unwilling to proceed without it, making the flat difficult to sell at market value.
14. The Complainant, in his evidence, detailed the discussions he had with a potential buyer, including the buyer’s name and the timeline of their conversations. It is undisputed that the original sale deed is essential for proving clear title to the flat during a sale. The loss of this document by the Opposite Party has created obstacles for the Complainant in disposing of his property. While the prospective buyer can verify the title by inspecting the Sub-Registrar’s records for the past 30 years, having the original document is critical for smooth transactions.
15. The Complainant's request for a direction to the Opposite Party to sell the flat at the prevailing market price and remit the proceeds to him is neither technically feasible nor suitable for resolving the issue. In this situation, the Complainant will need a certificate from the Opposite Party confirming the loss of the original registered sale deed to assure any future buyer of the flat's clear title. The loss of this vital document has caused significant inconvenience and demonstrates a deficiency in service by the Opposite Party.
16. The Complainant has suffered mental agony due to the Opposite Party’s failure to return the original sale deed. The Opposite Party is therefore liable to pay compensation of Rs. 1,00,000 for the loss of the original deed, Rs. 25,000 for mental anguish, and Rs. 15,000 towards litigation costs. Additionally, the Opposite Party is directed to issue a certificate to the Complainant confirming the loss/misplacement of the original sale deed, document No. 3261, dated 11/06/2012, which was deposited with the Opposite Party as security for a mortgage on Flat No. C2/602, measuring 114.47 sq. mts., located in Village Akbarpur Barota, Sector 35, Sonepat, Haryana.
17. This certificate, along with a certified copy of the sale deed, will serve as the Complainant’s title documents for the flat and will be helpful for any future sale. Given these findings, the Opposite Party is directed to comply with the above instructions. Compensation totaling Rs. 1,00,000/- for the loss of the original conveyance deed, Rs. 25,000 for mental agony, and Rs. 15,000 for litigation costs is awarded to the Complainant.

O R D E R

In view of above discussion and observations present Complaint No. CC/870/2019 is partly allowed with cost against the Opposite Party.

1. The Opposite Party is directed to pay the Complainant compensation Rs. 1,00.000/- (Rs- One Lakh Only) towards loss caused due to misplacement of original registered sale deed bearing No. Doc No. 3261, dtd. 11/06/2012.
2. The Opposite Party is directed to pay to the Complainant Rs. 25.000/- (Rs. Twenty Five Thousand Only) towards mental agony caused to him and Rs. 15,000/-(Rs. Fifteen Thousand Only) towards cost of this complaint.
3. The Opposite Party is directed to issue a certificate in favour of the Complainant regarding loss/misplacement of original sale, deed document No. Doc No. 3261, dtd. 11/06/2012 executed & registered before the Sub-Registrar Sonepat Haryana and which was kept with Opposite Party for the security of house loan of Flat No. C2/602, measuring 114.47 sq/mts village Akbarpur Barota Sector 35 Sonipat Tehsil and Dist Sonipat Haryana.
4. The Opposite Party is directed to comply the aforesaid within one month from the date of service of this order failing which the above amount shall carry interest @ 9 % p.a. from the date of non payment till realization.

Copy of the order be given to the parties free of cost as per order dated 04.04.2022 of Hon’ble State Commission after receiving the application from the parties in the registry.

Order be uploaded on www.confonet.nic.in.

File be consigned to Record Room.

Announced in open Commission on 23.10.2024.

(SANJAY KUMAR)                                              (RAJESH)

PRESIDENT                                                       MEMBER