CC Filed on 04.02.2008<br /> Disposed on 25.09.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 25th day of September 2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.13/2008<br /> <br /> Sri. H.M.Venkataramanappa,<br /> S/o Late Sri. Munivenkatappa,<br /> Retired Employee,<br /> R/o Byrakur Village,<br /> Mulbagal Taluk,<br /> Kolar District. Complainant <br /> <br /> (By Person)<br /> <br /> V/S<br /> 1. The Branch Manager,<br /> ING Vysya Bank Ltd.,<br /> Mulbagal Branch,<br /> Mulbagal Town,<br /> Kolar District.<br /> <br /> 2. The Regional Manager,<br /> R.L.E.O.,<br /> ING Vysya Bank Ltd.,<br /> Double Road,<br /> Bangalore.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> CC No.13/2008<br /> 3. The Managing Director,<br /> ING Vysya Bank Ltd.,<br /> Administrative Office,<br /> M.G.Road,<br /> Bangalore. Opposite Parties<br /> <br /> (OPs by Advocate Sri. Subbarajasetty) <br /> <br /> ORDERS<br /> <br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to return the original title deeds and Revenue Records deposited with them and to execute release deed to set free the mortgage property from encumbrance and to pay compensation of Rs.9,936/- along with costs of the present proceedings. <br /> <br /> 2. The relevant facts and the developments during the pendency of proceedings, required for the disposal of this case may be stated as follows: That the father of complainant namely Munivenkatappa was the owner of survey No.26/P-4 measuring 7 acres situated at Cheekur Village Byrakur Hobli of Mulbagal Taluk by virtue of registered sale deed dated 02.06.1983 executed by one B.Narayanashetty and his brother B.M.Munishamishetty sons of Peddamunishetty. That Munivenkatappa mortgaged survey No.26/P-4 by deposit of title deeds in favour of M/s The Vysya Bank Ltd., by executing memorandum of deposit of title deeds dated 23.03.1984 for repayment of loan of Rs.24,000/- and interest on it borrowed from that Vysya Bank. The original sale deed dated That Munivenkatappa died on 28.05.1984. Subsequent to his death the complainant and his brother Srinivasappa executed another simple mortgage deed dated 07.08.1986 by mortgaging the same survey No.26/P-4 in favour of Vysya Bank for repayment of crop loan of Rs.11,000/- and the interest. In a family settlement the <br /> CC No.13/2008<br /> brother of complainant namely Srinivasappa executed a registered release deed dated 22.05.1987 releasing his interest over the said survey No.26/P-4. Their mother Parvathamma consented for such release deed. Thereafter the complainant became the absolute owner of the said survey No. B.Narayanashetty one of the vendors in favour of complainant’s father, had purchased this property from (1)Channappa (2)Munivenkatappa and (3)Munishami sons of Late Nethi Venktaramanna under register sale deed SR 804/70-71/ 26.05.1971.<br /> <br /> The two loans obtained by the complainant’s father and the complainant and his brother were not cleared within the stipulated time. Then the Vysya Bank Ltd., filed OS 21/91 on the file of Principal Civil Judge (Sr. Dvn) Kolar and OS 89/91 on the file of Civil Judge (Jr Dvn) Mulbagal. For executing the decree in OS 21/91, Execution Petition No.66/96 was also filed. During the pendency of these proceedings there were negations and settlement and the complainant paid the amounts found due as per settlement and the matters were closed in the Civil Courts. In view of the mortgages in favour of The Vysya Bank Ltd., encumbrance entry was made in RTC relating to survey No.26/P-4. <br /> <br /> Some years back the Vysya Bank Ltd., is taken over by ING Vysya Bank Ltd.,. The opposite parties are different officials of ING Vysya Bank Ltd., The loan transactions had taken place with The Vysya Bank Ltd., Byrakur Branch in Mulbagal Taluk. <br /> <br /> The grievances of the complainant are that: 1)The opposite parties failed to return on untenable grounds the original title deeds and revenue records deposited by his father at the time of creating equitable mortgage. 2)They failed to execute a registered release deed to set free the mortgage property from encumbrance and that he spent Rs.9,936/- <br /> <br /> CC No.13/2008<br /> for correspondences, postage and bus charge etc., because of the deficiency in service by them. <br /> <br /> 3. The opposite parties appeared and contested the claim of complainant. The previous loan transactions and its settlement in Civil Courts and the creation of mortgage by deposit of title deeds, are not disputed by opposite parties. There was no specific mention in the complaint regarding the execution of simple mortgage deed and the registration of the memorandum of deposit of title deeds. The version of opposite parties is silent regarding these facts. But during the course of hearing when complainant asserted the execution of simple mortgage deed as well as the registration of memorandum of deposit of title deeds, the opposite parties denied the execution of registered memorandum of title deeds and the execution of simple mortgage deed referred above. They contended that for handing over of the original title deeds in favour of complainant they had demanded death certificate of complainant’s father and survival certificate of family members and consent letter from other legal heirs of late Munivenkatappa and the release deed in favour of complainant conferring absolute title on him over the mortgage property and that the complainant failed to produce those documents before the concerned officer of the bank and thereby they did not hand over the original title deeds. <br /> <br /> During the hearing, the original title deeds and revenue records earlier deposited are secured before this Forum and the opposite parties produced the same. After production of these documents the complainant asserted that he had also deposited during subsequent loan transactions, the original sale deed dated 26.05.1971 under which B.Narayanashetty S/o Peddamunishetty had purchased this property and <br /> <br /> CC No.13/2008<br /> the original release deed dated 22.05.1987 executed by his brother Srinivasappa referred above. The opposite parties were asked to trace the availability of any such documents with them. They told that even after thorough search they could not trace these original title deeds in their custody. There is no written evidence to show that complainant had deposited these documents at the time of any subsequent loan transactions. The complainant tried to make out certain circumstances to make it probable that he had produced these two original title deeds during subsequent loans. In the absence of convincing evidence to establish the deposit of these two documents, we hold that the complainant failed to establish the deposit of these documents with opposite parties or their predecessor. In such circumstance we hold that these documents are misplaced and they cannot be traced for the present. <br /> <br /> <br /> 4. The complainant produced certified copies of the registered memorandum of deposit of title deeds creating mortgage and also of the registered simple mortgage deed alleged by him. The opposite parties then had to admit the execution of these deeds in favour of the Vysya Bank Ltd., creating mortgages. They agreed to execute the release deed as per the advice of Forum. Accordingly it is reported that registered release deed dated 17.09.2008 is executed by opposite party No.1 on behalf of ING Vysya Bank Ltd., stating that the loans have been cleared and the mortgage of survey No.26/P-4 stands redeemed. That fact is admitted by complainant and the said original release deed is handed over to complainant before this Forum. <br /> <br /> The other original title deed and revenue records are before the Forum and they are to be handed over to complainant. It may be said that the opposite parties were not right in insisting production of certain <br /> <br /> CC No.13/2008<br /> documents before handing over the title deeds. Because of the subsequent events, how the complainant became absolute owner of the property in question must have been reported in the Civil Court proceedings and it may be noted that the complainant alone settled the entire dues to the Vysya Bank Ltd., in the year 2000 before reporting full settlement of the claim of the Bank. In the circumstances of the case we think parties may be directed to bear their own costs. <br /> <br /> 6. Hence we pass the following:<br /> O R D E R<br /> <br /> The complaint is entitled to get back the original title deed and other revenue records produced by opposite parties before this Forum. It is hoped that the concerned revenue authorities would delete the entry regarding mortgage encumbrance made in RTC of survey No.26/P-4 of Cheekur Village Byrakur Hobli Mulbagal Taluk. The parties shall bear their own costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 25th day of September 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br />