Date of Filing 30.11.2023

                                                                                                             Date of Disposal: 14.03.2024

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

THIRUVALLUR

BEFORE TMT. Dr.S.M. LATHA MAHESWARI, MA. ML, Ph.D (Law),                                         …….PRESIDENT

               THIRU.P.VINODH KUMAR, B.Sc., BL.,                                                                              ……MEMBER-I

               THIRU.P.MURUGAN, M.Com., ICWA (Inter), BL.,                                                         ……MEMBER-II

CC.No.122/2023

THIS THURSDAY, THE 14^th DAY OF MARCH 2024

Mr.M.Raghupathy,

S/o.Munusamy Reddy,

Medasi Street,

Athupakkam Village & Post,

Gummidipoondi,

Thiruvallur District 601 201.                                                                   ......Complainant.

                                                                          //Vs//

The Branch Manager,

Union Bank of India,

No.315, G.N.T.Road,

Gummidipoondi Branch,

Thiruvallur District 601 201.                                                                  ….opposite party.

Counsel for the complainant                                        : M/s.M.Kannan, Advocate.

Counsel for the opposite party                                    :  M/s.K.Sarath Babu, Advocate.

This complaint coming before us on various dates and finally on 08.03.2024 in the presence of M/s.M.Kannan, counsel for the complainant and M/s.K.Sarath Babu, counsel for the opposite party and upon perusing the documents and evidences of both sides this Commission delivered the following:

ORDER

PRONOUNCED BY Tmt.Dr.S.M. LATHA MAHESWARI, PRESIDENT

1. This complaint has been filed by the complainant u/s 35 of the Consumer Protection Act, 2019 alleging deficiency in service against the opposite party in not returning the Original Documents pledged with them towards the loan account No.560381001357968 even after repayment of the entire loan dues along with a prayer to direct the opposite party to pay a sum of Rs.2,00,000/- towards compensation for the mental agony caused to the complainant.

Summary of facts culminating into complaint:-

2. It was the case of the complainant that he availed crop loan from the Erstwhile Bank of Corporation Bank, Gummidipoondi Branch which merged with the United Bank of India, a sum of Rs.1,00,000/- vide loan No.560381001357968 and had executed memorandum of deposit of title deed in Doc.No.1511/2010 on the file of SRO, Gummidpoondi.  He had cleared the loan amount in November 2022 under one time settlement scheme.  The opposite party had issued necessary letter dated 09.11.2022 acknowledging the receipt of full payment to them.  After payment of the entire dues the opposite party had to return the original documents such as Sale Deed Doc.No.538/1976 and 1243/1978 on the file SRO, Ponneri.  But when complainant after due payment of the entire loan amount approached them in November 2022 and December 2022 to get the original documents Bank he was asked to come again and again so many times to the bank and was sent back without any proper reply or response.  Thus the complainant on 28.08.2023 lodged a police complaint with the Gommidipoondi Police Station and they issued a CSR vide No.450/2023.  Thereafter on 24.08.2023 the opposite party disclosed the fact they have lost the complainant’s original documents. Thus aggrieved by the act of the opposite party the present complaint was filed to direct the opposite party to pay a sum of Rs.2,00,000/- towards compensation for the mental agony and hardship caused to the complainant.

The crux of the defence put forth by the opposite party:-

3. The opposite party filed version admitting that the complainant had availed crop loan from the erstwhile Corporation Bank which got merged with the Union Bank of India. The complainant was not regular in his repayment and hence his loan account was declared as Non-Performing Asset on 30.04.2012.  Thereafter the opposite party had filed a suit for recovery in O.S No.2615/2019 on the file of Hon’ble Sub Court, Ponneri. In July 2022 the complainant had cleared entire loan account before the Lok Adalat, Thiruvallur in LAC No.60/2022 and after payment of the same the complainant had requested the Bank to return the Original Title Deed bearing Sale Deed Doc.Nos.538/1976 & 1243/1978. The erstwhile Corporation Bank got merged with the Union Bank of India in the year 2020 and after merger several Branch offices of the erstwhile corporation Bank got merged into Union Bank of India.  In such a cumbersome process, the title deeds of the complainant has been misplaced.  This was informed to the complainant orally during November 2022 and had been assured that the Bank would try to find the same during its internal audit.  Even after internal audit, the opposite party could not able to find those 2 original documents of the complainant.  After informing the complainant, opposite party gave a written complaint dated 12.10.2023 to the Station House Office, Gummidipoondi Police Station and the said Police after receiving the said complaint had issued a CSR bearing No.555/2023 and the same was pending under investigation.  In the meanwhile the opposite party had issued paper publication dated 27.08.2023 both in Tamil daily as well as in the English daily informing the general public that the original sale deeds were lost.  The Police has to trace the lost documents and if they were not able to trace the same would issue a Non Traceable Certificate.  Thereafter the complainant could very well use the Non Traceable Certificate in the place of the original sale deeds.  Therefore contending that the complainant has not suffered any financial loss, mental agony and harassment, they sought for the complaint to be dismissed.

4. On the side of complainant proof affidavit was filed and documents marked as Ex.A1 to Ex A5 were submitted. On the side of opposite party proof affidavit was filed and documents marked as Ex.B1 to Ex.B3 were submitted.

Points for consideration:-

1)    Whether the act of opposite party in not returning the Original Documents pledged with them towards the loan account No.560381001357968 even after repayment of entire loan dues amounts to deficiency in service and whether the same has been successfully proved by the complainant?

2)    If so, to what reliefs the complainant is entitled?

Point No.1:-

5. Heard the learned counsel appearing for the opposite party. On the side of complainant it was submitted that their written arguments may be treated as oral arguments and hence we considered the written arguments filed by the complainant as oral arguments to decide the complaint on merits.

6. Perused the documents and pleadings submitted by both the parties. The factum of availing Crop Loan by the complainant and payment of entire loan dues and closing of loan amount was not disputed by either of the parties. Further closure of the loan dues was substantiated by the issuance of Non Traceable Certificate by the opposite party. Once the loan dues are cleared it is obligatory on the part of the opposite party Bank to return the documents pledged with them towards the loan account.  Further it is contended by the opposite party that during merger of the Bank with Corporation Bank the original documents pledged by the complainant got missed and could not be traced.  Further the opposite party submitted that they had given Police complaint dated 12.10.2023 and CSR was obtained from them and that the Police are investigating the issue.  A Paper Publication was also given to that effect on 27.08.2023.  Though it has been contended that the opposite party had taken appropriate steps to recover the documents lost, the non-returning of the documents after the closure of loan account is a clear deficiency in service.  Thus we hold that the act of opposite party in not returning the documents to the complainant after closure of entire loan account amounts to clear deficiency in service. Thus we answer the point accordingly in favour of the complainant and as against the opposite party.

Point No.2:-

7. As we have held above that the opposite party had committed deficiency in service by not returning the pledged original documents we are of the view that the complainant should be adequately compensated along with a direction to the opposite party Bank to obtain certified copies of the original documents Doc.No.538/1976 and 1243/1978 pledged with the opposite party from the concerned Sub-Registrar Office at the cost of opposite party and to deliver the same to the complainant along with an indemnity bond for the lost documents at their cost, copy of FIR, copy of Paper publication and the Non Traceable Certificate issued by the concerned Police Station. Thus we award a sum of Rs.50,000/- towards compensation for the mental agony and hardship caused to the complainant and to pay a sum of Rs.10,000/- towards litigation expenses to the complainant.

In the result, the complaint is partly allowed against the opposite party directing them to carry out the following directions within 6 weeks from the date of receipt of copy of this order;

a) To obtain certified copies of the original documents Doc. No.538/1976 and 1243/1978 pledged with the opposite party from the concerned Sub-Registrar Office at the cost of opposite party and to deliver the same to the complainant within a period of six weeks from the date of receipt of copy of this order;

 b) To issue an indemnity bond for the lost documents at their cost;

c) to provide FIR, Paper publication and Non Traceable Certificate issued by the concerned Police Station to the complainant;

 d) to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards compensation for the mental agony and hardship caused to the complainant;

e) to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards litigation expenses to the complainant;

Dictated by the President to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Commission on this 14^th day of March 2024.

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MEMBER-II                                         MEMBER-I                                           PRESIDENT

List of document filed by the complainant:-

List of documents filed by the opposite party:-

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MEMBER-II                                                MEMBER-I                                       PRESIDENT