THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO.102/ 2016
Nisith Kumar Mohanty, aged about 55 years,
S/o – Dr. Radhanath Mohanty, Resident of Flat No.402,
Block- A, 4th Floor, Falcon Residency, Patia, Bhubaneswar
…. Complainant
-Vrs.-
LIC Housing Finance Ltd., Area Office,
At- IPICOL House, 3rd Floor, Janapath Rupali Square,
Bhubaneswar – 751022, Dist – Khurda, through
Its Area Manager/ Authorized Officer.
…. Opp. Party
For the complainant : Mr. P.Pattnaik & Associates (Adv.)
For the OP. : Mr. S.B.Rath & Associates (Adv)
DATE OF FILING : 16/03/2016
DATE OF ORDER : 19/06/2023
ORDER
K.C.RATH, PRESIDENT
1. This is an application U/s 12 of the C.P.Act, 1986.
2. The complainant’s case in brief is that, the complainant had availed a loan from LIC Housing Finance Ltd. in order to purchase a house. Subsequently, he got the loan transferred from LIC Housing Finance Ltd., to State Bank of India, Utkal University Branch, Vani Vihar, Bhubaneswar. Consequent whereupon, his transaction with the OP was closed and as per the agreement, the collateral security, such as, title deed, etc. should have been returned to the complainant by the OP. But the OP did not return the original documents to the complainant for which the complainant suffered a lot of mental agony for such conduct of the OP. Hence this complaint.
3. On the other hand, the OP filed written version contending therein that, the complainant is not a consumer and this District Commission has no jurisdiction to entertain this complaint. It is further averred by the OP that, a new branch office was opened at Patna and the area office at Bhubaneswar came under the administrative jurisdiction of Patna branch office. The land records were kept at Patna branch office for safe-custody. The original documents could not be traced, for which the OP could not be able to return the land documents to the complainant. Since the complaint is devoid of merit, it is liable to be dismissed.
4 Perused the materials on record. On 30/05/2023, the OP returned the original documents to the complainant who received the documents acknowledging the receipt thereof in the order sheet of the Commission. But the fact remains that, the transaction between the complainant and the OP took place in the year 2010 and the transaction ended due to transfer of loan from OP to SBI, Utkal University branch, Vani Vihar, Bhubaneswar and since then, the OP did not return the original relevant documents to the complainant. It is obvious that, a person, who is entitled to get back his original documents and if he has not received the documents in time, must suffer from mental agony. The OP took ten years to return the original documents. Thereby the complainant must have suffered mental agony for the said period. This amounts to deficiency in service on the part of the OP. In this backdrop, the complaint bears merit. Hence it is ordered.
ORDER
The complaint is allowed on contest against the OP. The OP is directed to pay a sum of Rs.50,000/- (Rupees fifty thousand) only to the complainant towards compensation for mental agony and a further sum of Rs.10,000 /- (Rupees ten thousand) only towards litigation expenses. The order be complied with by the OP within a period of thirty days from the date of communication of this order, failing which the complainant will be at liberty to execute the order against the OP in accordance with law.
The order is pronounced on this day the 19th June, 2023 under the seal & signature of the President and Member of this Commission.
(K.C.RATH)
PRESIDENT
Dictated & corrected by me
President
I agree
(S.Tripathy)
Member (W)
Transcribed by Smt. M.Kanungo, Sr.Steno
