By Sri. K. Gheevarghese, President:-
The complaint filed against the opposite party for not returning the title deed kept as security to avail the loan.
2. The complaint in brief is as follows:- The complainant had been a loanee in the opposite party bank depositing title deed of the land property in the extent of 3.25 acres in Padichira village ( Resurvey No.122/2) and 1.45 acres in the same village (Resurvey No.122/2 ). The complainant availed the loan and became due for non repayment. A suit was filed against the complainant in the year 1999 and later Execution Petition was filed by the opposite party on thestrength of the decree. The complainant tried his best to get back the title deed pledged as security to close the liability by selling the property and he was in a urgency of getting money for the marriage of his daughter. The opposite party was not ready to return back the title deed pledged. The reason for not returning the title deed according to the opposite party was that the title deeds were misplaced. They were in an earnest effort to trace out it. The opposite party already undertook that a certified copy could be delivered to the complainant and even that offer had no effect. The complainant entered in to an agreement with an another person for the sale of this land property mortgaged and terms agreed with the purchaser could not be hold on in the absence of the title deed. There may be an order directing opposite party to give back the complainant the documents pledged of an extent of 3.25 acres in Padichira village in Survey No. 358/1A1A1A and certificate of jenmam purchase No.3420 /77 in Survey No.358/1A1A1A for an extent of 1.45 acres in Resurvey No. 122/2 award compensation of Rs.1,00.000/- along with cost.
3. The opposite party filed version in short it is as follows.:- The complainant availed the loan from this opposite party on 11.10.1993 and arrayed as a defaulter in repayment of the loan. A suit was filed against the the complainant OS No.64/99 in Sub Court Sulthan Bathery and it was decreed in favor of the plaintiff the opposite party. The Execution petition was filed subsequently and finally the loan liability was closed by the complainant in Adalath. For the purpose of availing loan the title deed was deposited as security 17 years back. During this period the opposite party bank shifted from the existing building during that time to another premises. The title deed kept as security by the complainant could not be traced out thoughearnest efforts were taken by the opposite party. The opposite party also made arrangements for paper publication on the loss of the title deed. Due importance was given to trace out the title deed and staff for that particular purpose was also engaged. If the documents are traced out it could be handed over to the complainant.
4. The other averments of the complainant such as the timely non return of the title deed caused heavy loss to the complainant are to be brought out in evidence. There is no negligence on the part of the opposite party or any deliberate act not to return the title deed deposited as security. As an alternative remedy this opposite party also ready to collect certified copy of the title deeds and paper publication regarding the loss of the title deed is also to be complied. The complaint is to be dismissed with cost to the opposite party.
5. The points that are to be decided :-
1. Is there any deficiency in service on the part of the opposite party?.
2. Relief and Cost.
6. Points No.1 & 2:- The evidence in this case consist of proof affidavit of the complainant, evidence of witnesses, Exts.A1 to A5 documents.
7. The dispute in issue is in respect of non release of the title deeds pledged by the complainant as security to avail the loan. Admittedly the liability of the complainant was closed subsequently the title deeds including purchase certificate No.3419/77 Survey No.358/1A1A1Ain the extent of 3.25 acres and purchase certificate No.3420/777 in the extent of 1.45 acres in survey No.358/1A1A1A in Padichira village are not give back to the complainant. According to the opposite party the documents kept as security on issuance of the loan amount is misplaced the opposite party is in the way of earnest effort to find out the misplaced title deeds. Its true that the title documents kept as security could have been give back to the complainant when the liability of the dealing was closed. In the oral testimony of the witnesses including the complainant it is deposed that the unreturn of the title deeds caused inconvenience to the complainant. Apart from the oral testimony of the complainant and witnesses no other documents are produced to gauge the extent of inconvenience and hardship caused to the complainant.
8. The property comprising the misplaced title deeds was intended to be disposed. The dare need of the complainant for money for the marriage of his daughter is the reason and the absence of the original title deed became barr to the transaction. The complainant has not produced any documents. The witness PW2 is the brother of the complainant and the other witness who is examined as PW3 is in acquittance with complainant. The complainant had to refund loan amount and it was followed by legal proceedings. According to PW2 the marriage of the complainant's daughter could not be fulfilled in the absence of money. The sole reason pointed out by this witness is that the property could not be sold in the absence of the original title deeds. Anyhow the invitation card or any other documents in respect of marriage is not produced. The other witness examined as PW3 who also evidenced that in the absence of the original title deeds the purchaser was not ready to purchase the land property of the complainant.
The complainant had a loss of Rs.25,000/- as compensation cost given to this witness. However there is no sale agreement or any other documents to establish the contention of the complainant. Anyhow the non delivery of the title deeds to the complainant caused loss and hardship. The difficulty caused to the complainant cannot be seen lightly. There is deficiency in service on the part of the opposite party. The opposite party is also in the effort of finding out the title deeds misplaced.
In the result complaint is partly allowed. The opposite party is directed to deliver the title deeds pledged by the complainant. In the failure of it the opposite party is directed to get the certified copy of the irrecoverably lost title deeds and also to be published in a leading daily by opposite party with attestation that the title deed kept in security were lost from their custody. The complainant is also entitled for cost and compensation of Rs.20,000/- (Rupees Twenty Thousand Only). This to be complied by the opposite party within one month from the date of receipt of this Order.
Pronounced in Open Forum on this the day of 30th November 2011.
Date of Filing:12.07.2011.
