DISTRICT CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 23th day of September 2017
Present : Smt.Shiny.P.R. President
: Smt.Suma.K.P. Member Date of filing: 13/03/2017
: Sri.V.P.Anantha Narayanan, Member
(C.C.No.48/2017)
T.Govindankutty,
S/o Raman Ezhuthachan,
“Gokulam”, Puthur,
Palakakd 678 001. - Complainant
(Adv.C.Balchandran)
V/s
The Branch Manager, - Opposite party
State Bank of India,
English Church Road,
Palakkad 678 001.
(Advts.G.Ananthakrishnan, K.B.Priya & A.K.Philip)
O R D E R
By Smt.Suma.K.P. Member,
The case of the complainant is that he had availed a housing loan of Rs.6 Lakhs from State Bank of India, Palakkad for constructing a house in the land owned by him situated at Puthur Amsam, Palakkad Taluk under a loan No.10620303891. Towards security for the said loan the above land measuring about 6.5 cents comprised in survey no. 1002 purchased by the complainant vide sale deed no.2265/2003 of SRO Olavakkode, dated. 15.09.2003 was mortgaged in favour of the opposite party bank by deposit of title deeds and original of the above mentioned document, copy of purchase certificate (back document), encumbrance certificate, possession certificate, tax paid receipt were given to the bank.
The complainant repaid the entire loan amount with interest by installments, the last of which was on 12.02.2016 on which date an amount of Rs.14,247/- was remitted. A letter was also issued by the opposite party stating that the housing loan had been closed. Though the loan had been closed, the documents including the above said original sale deed have not so far been returned to the complainant. The complainant requested the manager to release the documents on the same day of closing the loan and waited for hours in the bank, but he was asked to come on some other day. There after the complainant went to the bank on several occasions but he did not get the documents back. A letter dated. 11.05.2016 was given to the manager requesting him to release the documents, in which the manager has endorsed “received”. Even after that the complainant went to the opposite party bank several times with request to return the documents but was of no use. At last a lawyer notice dated. 20.12.2016 was caused to be issued to the opposite party demanding return of the documents. The bank manager has accepted the notice on 21.12.2016 but so far the documents have not been returned and there was no reply to the notice. The above act of the opposite party amounts to deficiency in service. Hence the complainant had approached before the Forum seeking an order directing the opposite party to return the documents deposited with them at the time of availing the above loan and also to pay Rs.50,000/- towards delay, expenses incurred and mental agony suffered by the complainant. In case the documents are lost irrecoverably the opposite party may be directed to pay Rs.5,00,000/- to the complainant as compensation and also to execute an indemnity bond in favour of the complainant against loss of the documents.
The opposite party entered appearance upon notice from the Forum and filed version stating the following contention.
Opposite party admitted that the complainant had deposited the title deed relating to his property while availing loan. From the records it is found that the loan is closed. The document filed relating to the complainants loan is misplaced and they are not been able to trace the same. The claim of compensation claimed by the complainant is very much excessive and is without any basis. The opposite party is ready and willing to provide a certified copy of the documents and a letter has been issued stating that original is misplaced at their end as the documents have not been traced out. In the above circumstances the complaint had to be dismissed.
Complainant filed chief affidavit. Opposite party also filed the chief affidavit. Exts.A1 to A5 was marked from the side of the complainant. Evidence was closed the matter was heard.
The following issues that arises for consideration are.
1.Whether there is any deficiency of service from the part of opposite parties ?
2.If so what are the relief and cost?
Issues 1 & 2
We have perused the documents as well as affidavit filed before the
Forum. In the version filed by the opposite party it is stated that they are ready and willing to provide a certified copy of the documents and had also issued a letter stating that the original is misplaced at their end. It is as if issuing a duplicate in place of original. A duplicate will never be a substitute for the original. There is every chance of misusing the original documents relating to the complainant’s property when the same is traced out. The entire loan is seen repaid on 12.02.2016 as evidenced by the counter foil issued by the bank which was marked as Ext.A2. After a lapse of 1.5 years the opposite party was not able to trace out the original documents of the complainant. Hence it can be inferred that the original documents of the complainant might have lost irrecoverably. The above act of the opposite party amounts to deficiency of service on their part. In the above circumstances the complaint is allowed and we direct the opposite party to pay Rs.1,00,000/- (Rupees one lakh only) to the complainant as expenses for obtaining the certified copy of the documents and also to execute an indemnity bond in favour of the complainant against the loss of documents. We also direct the opposite party to pay Rs.5,000/- (Rupees five thousand only) as compensation for the mental agony suffered by the complainant along with Rs.3,000/- (Rupees three thousand only) as cost of this proceedings.
The afore said amount shall be paid within one month from the date of receipt of this order failing which complainant will be entitled to realize interest at the rate of 9% p.a from the date of order till realization.
Pronounced in the open court on this the 23rd day of September 2017.
Sd/-
Shiny.P.R.
President
Sd/-
Suma.K.P.
Member
Sd/-
V.P.Anantha Narayanan
Member
Appendix
Exhibits marked on the side of complainant
Ext.A1 - Agreement letter issued by opposite party to the complainant dated.
13.01.2003.
Ext.A2 – Original Counter foil issued by opposite party to the complainant dated. 12.02.2016 (repaying the entire loan amount)
Ext.A3 – Original letter issued by Assistant General Manager of the bank for having
closed the housing loan dated. 12.02.2016
Ext.A4 - Copy of the letter issued by the complainant to the opposite party dated.
11.05.2016
Ext.A5 - Copy of the legal notice issued by Adv.C.Balachandran on behalf of the
complainant to the opposite party with postal receipt and
acknowledgement card dated. 20.12.2016
Exhibits marked on the side of Opposite parties
Nil
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite party
Cost
Rs. 3,000/-
