Date of Filing:09/01/2015

     Date of Order:08/11/2016

ORDER

BY SRI.SYED ANSER KHALEEM, PRESIDENT

1.     This the complaint filed U/S 12 of the Consumer Protection Act, 1986 through the Special Power of Attorney holder against the Op bank alleging the property documents lost by the Op bank and hence prays for direction to the Op to get the certified copies of all the property documents and to provide the same and to issue an indemnity bond. Further, prays for direction to the Op to pay a sum of Rs.10,00,000/- to the complainant and to pay Rs.100/- per day for the delay and cost of the proceedings.

2.     The facts in brief, is that, the complainant had obtained the loan by pledging the original property documents and after clearance of the loan amount Op bank did not return the original documents. Hence the complainant approached the Op bank several times and requested to return the original documents but the Op assigned many reasons but not return the documents and finally intimated that, the said pledged documents were lost. Hence this complaint.

3.     Upon service of the notice, Op appeared through its counsel and filed the version. In the version it is admitted that, the complainant obtained the loan by pledging the original property documents and ultimately cleared the loan. It is also not disputed about the documents pledged were misplaced. Inspite of the bank best efforts did not traced-out the same and they have lodged the police complaint and given paper publication about the missing documents in the paper. Hence they applied certified copies of the sale deed from the concerned sub-registrar office. Thereafter the O.P bank through e-mail communication on 22.11.2014 to the complainant asked to collect original documents accompanied with the certified copy of sale deed, NOC and also a letter of lost document to the complainant.   O.P contended that even though documents were ready in November 2014 itself but till now it remains unclaimed by the complainant. The O.P contended that, the lapse occurred inadvertently and also undertook to keep on continuing search and if it is traced-out in future they will return to the complainant.  On the above said grounds, O.P prays for dismissal of complaint.

4.     To substantiate their respective cases, both the parties have filed their respective affidavit evidence along with documents.  We have heard the arguments.

5.     On the basis of pleadings of the parties, the following points will arise for our considerations are:-

                      (A)    Whether the complainant has proved

                       deficiency in service on the part of the OP?

          (B)    Whether the complainant is entitled to the

                  relief prayed for in the complaint?

   (C)    What order?

6.     Our answers to the above points are:-

POINT (A) & (B):      In the affirmative.

POINT (C):       As per the final order

for the following:

REASONS

POINT (A) & (B):-

7.     On perusing the pleadings of both the parties, it is an undisputed fact that, the complainant availed the loan from the O.P bank by pledging all his property documents. It is also not in dispute the complainant cleared the loan amount and after clearing the loan requested the O.P bank to return the documents.  On perusing the correspondences between the parties on account of misplacement of documents, the O.ps sought time to search the documents in the head office as well as in the branch office as it consumes time.  However, finally the documents were not traced out by the O.P bank.   Hence the O.p bank applied certified copy of the sale deed which was lost and obtained the certified copy of the same. Further O.P contended that, after obtaining the certified copy sale deed  and they were ready to return all other original documents.  But the complainant did not claim back the same and filed this complaint.

8.     It is worth to note that, the certified copy of the original sale deed is not substitute for the original document.  A man who is possessing the property and he is always psychologically attached to the  original sale deed and if it is lost and the same is replaced with the certified copy but it is very difficult to accept the same. Furthermore, if in future if the complainant want to avail loan from any other bank then the bank will demand original title deeds and if you want to sell the property for any other purpose the buyer will always demand for original title deeds and in such event it is very difficult for the complainant to convince the buyer or to any other bank in order to obtain loan.  It is the duty of the bank once documents were pledged and it is to be safeguard by taking all precautionary measures, but the O.P bank should not be washed away its hands by saying that, the lapse occurred inadvertently and also undertake to keep on continuing search and if traced out in future they will return to the complainant. On perusal of evidence on record it is not in dispute that, the original sale deed was lost by the O.P bank due to their negligence  and it amounts to deficiency in service on the part of the bank. However the bank fairly admitted the lost of original sale deed and got obtained the certified copy of the same  and they are ready to return back all the original documents along with the certified copy of the sale deed. However, on account of negligence the original title deed was lost for which the complainant suitably compensated.  In the attendance circumstances of the case, we deem it just and proper to direct the O.P Bank to pay a sum of Rs.1,00,000/- as compensation to the complainant and also directed to return the certified copy of the sale deed, NOC and also a letter of lost document to the complainant.  Further due to negligent act of the  O.P complainant was made to wander from pillar to post and at last approached this Forum and hence OP is also directed to pay an amount of Rs.5,000/- to the complainant it will meet the ends of justice.  In the light of the above discussion, we are of the considered view to hold Point (A) and (B) in the affirmative.

POINT (C):

11.   In the light of the above discussions, we proceed to pass the following:-

ORDER

1. The complaint is allowed in part with cost.
2. The O.P i.e. Axis Bank represented by its Manager/Authorized Signatory is hereby directed to pay a sum of Rs.1,00,000/- as compensation and also directed to return the certified copy of sale deed, NOC and also a letter of lost document to the complainant.
3. The O.P. is also directed pay Rs.5,000/- towards cost of the litigation.
4.  The O.P is hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order, failing which O.P is directed to pay interest at the rate of 9% per annum after the expiry of 30 days till realization and submit the compliance report to this Forum within 45 days from the date of receipt of this order.
5. Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 8^th Day of November 2016)

MEMBER                PRESIDENT

*Rak