Delhi

New Delhi

CC/292/2014

SANJEEV RASTOGI & ORS - Complainant(s)

Versus

THE INDIABULLS HOUSING FINANCE LTD. & ORS - Opp.Party(s)

26 Nov 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/292/14                                      Dated:

In the matter of:

1. Sh. Sanjeev Rastogi,

S/o late Sh. R.C Rastogi,

 

2. Smt. Shilpi Rastogi,

W/o Sh. Sanjeev Rastogi

Both R/o 601, Paradise Apartments,

40, I.P Extension, Patparganj, Delhi

 

……..COMPLAINANTS

      

VERSUS

1. India Bulls Housing Finance Ltd.,

Regd. Office F-60, Malhotra Building, 2^nd floor, Connaught Place, New Delhi

Through its DMD, Mr. Ashwani Kumar Hooda,

 

2. Mr. Sachin Chaudhary,

Business Head,

Indiabulls Housing Finance Ltd.,

Indiabulls House,

448-451, Udyog Vihar, Phase-5,

Gurgaon-122016, Haryana

 

3. Overnight Express Ltd.,

Having its Corp. & Regd. Office at:

11099-C, Overnite House,

East Park Road, Karol Bagh,

New Delhi-110005

                                         ……. OPPOSITE PARTIES

 

 

 

ORDER

President: C.K Chaturvedi

 

              

The complaint of deficiency against OP is for loss of title documents of a property given to OP’s Lajpat Nagar Branch to obtain a loan of Rs.66,62,766/-. This required mortgage of a property by complainant to secure the loan repayment. He mortgaged flat no.601, 6th floor, Block C, Paradise Apartments no.40, I.P Extension Parparganj, by depositing of title deeds of this flat. The complainant repaid all loan in due course and OP1 issued a ‘No Dues’ certificate on 08.08.13. The complainant continuously was assured that his title deed is in safe custody and it is taking time to return it because of office procedural delays. However, on 08.08.13, he received a communication that title deeds and other relevant papers of the said property had been misplaced by OP in the transit through courier from delivery to Gurgaon Office on 09.10.13. OP lodged a FIR with P.S Lajpat Nagar and informed DDA. Therefore this complaint of deficiency to seek compensation for the loss of tile deeds. It is stated that in the event of sale of property, without title deed, besides various other problems, the property will get a less price, and based on assessment of present rates etc, a loss of value to the extent of Rs.15 lakhs estimated, and compensation is sought.

The OP in its reply has admitted the loss of documents in transit, as communicated to Complainant, but strangely enough blames the courier company for the loss of title deeds. The lodging of FIR and informing DDA of loss by OP, through necessary actions on its part, does not mitigate the loss eventually suffered by complainant, by prospect of not getting full market value of property in future.

In our considered view, the OP as bailee of documents of complainant was under special obligation to take special care. Such important documents of title as a matter of prudence should not have gone to courier service, who have limited liability in case of a loss of documents or would have secured by sufficient insurance against loss. Such document of necessity, in trust given to OP, needed it care a person would take, in case same was his own property. The sending of OPs own employee to carry the same to Gurgaon Office, from Lajpat Nagar would have prevented the loss of the documents. If documents were to be sent to another country by courier, it would had some justification but not in case of sending it to Gurgaon from Delhi.

We hold OP grossly deficient in not taking reasonable care for custody of documents in its possession as a bailee. The OP has not brought any evidence of contrary assessment of present value of property and estimated loss of value due to loss of title deeds.

OP has rather misdirected itself in taking a plea that courier party is necessary party. Though, we ordered its impleading, but no notice to it was issued. We do not think it in any manner affects  OP’s case and complaint has nothing to do with courier service.

We estimate the loss of value of property at Rs.8 lakhs and direct OP to pay it to complainant. OP can recover the same from courier service, if it can. We also award compensation of Rs.50,000/- for deficiency and Rs.20,000/- for litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; otherwise action can be taken against OP under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

 

        Pronounced in open Court on 26.11.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 (Ritu Garodia)

MEMBER