DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.386/2021
Anita Sehgal
W/o Mr. Sandeep Sehgal
A-5B/50, Shanti Kunj Apartments
Ground Floor, Paschim Vihar
New Delhi-110063. .…Complainant
VERSUS
State Bank of India
11, Parliament Street Branch
New Delhi-110001. ….Opposite Party
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Date of Institution: 24.12.2021
Date of Order : 10.05.2023
President: Ms. Monika A Srivastava,
Complainant has filed the present complaint seeking chain of original conveyance deed of the complaint which was handed over by her to the OP at the time of taking the loan. In addition to this, the complainant is also seeking a compensation of Rs.20,00,000/- for the reduction on the market price of the property on account of loss of title documents and Rs.10,00,000/- for causing mental trauma.
- It is stated by the complainant that she has availed a home loan against property bearing number A-5B/50, Maruti Kunj Apartments, ground floor vide loan account no. 33484039306 from the OP through its personal banking branch Parliament street branch, New Delhi.
- It is stated by the complainant that she had provided to the OP the original chain of all the title documents of ownership in original pertaining to the property in question i.e A-5B/20 Maruti Kunj apartments, ground floor, Paschim Vihar, New Delhi 110063.
- It is stated by her that during the Covid time she was unable to bear the burden of the EMIs of the home loan and on account of her inability, the debt account has been classified as NPA. When the complainant received the notice dated 31.05.2021, she decided to repay the entire loan amount by selling the property in question and entered into an understanding with the proposed buyer for the sale transaction of the subject property.
- After finalising the entire modalities, the complainant accompanied the proposed buyer to the concerned bank branch in the first week of September to get the original chain of title documents verified which were deposited with the OP however, the OP refused and after various attempts to get the original title documents of the subject property, it was conveyed by the officials of the OP that they do not have the original documents of the property in question.
- It is the case of the complainant that it is her right to get all the original title documents back issued from DDA in favour of Sri Subhash Chandra, original sale deed executed by Subhash Chander in favour of Sh. Sahil Sareen and title deed executed by Sri Sahil Sareen in favour of the complaint which was handed over by her to the OP at the time of taking the loan. It is stated that in case the original chain of title documents is not returned by the OP she would have to suffer from double whammy as she is not able to sell her property in order to ward off her liability and secondly, notice of eviction has been sent to her by the OP.
- In this regard, the complaint lodged a complaint dated 09.09.2021 with the OP but even after lapse of 30 days, no action has been initiated on her complaint thereafter the complaint approached the office of banking ombudsman which was rejected and closed vide email dated 13.12.2021.
- It is further stated that copy has now served the complainant with a notice under rule 8(1) of the Security Interest (Enforcement) Rules vide dated 15.07.2022 because of which the complainant had to approach the Debt Recovery Tribunal.
- It is further stated by the complainant that it is gross negligence on the part of the OP for not keeping the original documents of the subject property in question safely and also not providing the same to her.
- It is stated that in case the complainant does not receive her original title documents back it raises a suspicion about the authenticity of the ownership of the complainant over the property and therefore it would be difficult for her to get a buyer.
Notice was issued to the OP in response of which the OP appeared on 2 dates but did not file their reply within stipulated time and therefore their right to file reply was closed. Subsequently the OP was proceeded exparte vide order dated 01.09.2022.
The complainant has filed its exparte evidence as well as written submissions. The counsel for the complainant did not make any oral arguments and stated that his written submissions may be taken final arguments. It is noticed from the record of the case that though the complaint has been filed by the complainant with ombudsman however the outcome of it has not been placed before this Commission. The complainant has also placed on record notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 sent by the OP for a total of Rs.41,71,899/- plus interest plus cost. This notice is dated 31.05.2021. It is only there after that the complainant has filed a complaint with the OP regarding loss of its documents i.e on 09.09.2021.
The complainant has also placed on record an email sent by the OP to the complainant dated 13.09.2021 wherein it is stated
“with reference to your letter dated 09092021, we would like to inform you that we have your property papers with us.
Kindly pay the outstanding amount and close your account at the branch. Once you have repaid your loan collect the number objection certificate from the branch. Then you can come to the concerned RACPC with the noc and collect your documents on any working day.
Note: We will handover the original documents only to all the applicant/applicants whose name are on the register did himself/herself on taking signature in our delivery register upon receiving NOC.”
Thereafter, the complainant on 15.09.2021 has sent an email where in request has been made to show the entire chain of the original title of the disputed property and thereafter it is stated that the entire loan would be repaid. It has not been made clear by the complainant whether there has been any transaction or communication thereafter.
This Commission is of the view that the complainant has not been able to establish a case of misplaced or lost documents by the OP. It is made clear that the complainant is at liberty to seek her title documents from the OP after repayment of the entire loan and obtaining NOC from the OP.
The complaint is disposed off in these terms.
File be consigned to the record room after giving copy of the order to the parties as per rules.
