Respondent/complainant applied for a loan from the petitioner bank under the Prime Minister Rozgar Yojna (PMRY) which was released to him in the year 1996. At the time of taking the loan, respondent had deposited original Sale Deed of the property of his -2- mother who stood guarantor for the loan. Respondent repaid the loan amount. The original Sale Deed was not returned despite several requests made to the effect. Father of the respondent applied for a loan from State Bank of Patiala but his loan application could not be processed for want of original Sale Deed of the property of the respondent’s mother which had not been returned by the petitioner to the respondent. Being aggrieved, respondent filed the complaint before the District Forum. District Forum allowed the complaint and directed the petitioner to return the original Sale Deed to the respondent along with compensation of Rs.1,000/- within 30 days of the passing of the order. Petitioner being aggrieved filed the appeal before the State Commission which has been dismissed by the impugned order. Plea taken by the petitioner that the Sale Deed was not deposited with the petitioner as the same was not required to be deposited as per Scheme, was not accepted. On 15.05.2012 learned counsel appearing for the petitioner after taking instructions from the petitioner stated before us that the original Sale Deed was not available and the petitioner was prepared to give Indemnity Bond. On appearance, counsel for the respondent took time
-3- to refer to a judgment of this Commission in which the procedure has been laid down for settlement of the dispute on the basis of Indemnity Bond in such cases. Counsel for the respondent has relied upon judgment of this Commission in “Original Petition No.70 of 2002 C.L.Khanna vs. Dena Bank decided on 2nd September 2005”. In this case, petitioner had lost the original Sale Deed. The fora below have directed the petitioner to return the original Sale Deed. According to the petitioner, original Sale Deed is lost and the petitioner is not in its possession. Petitioner is prepared to give the Indemnity Bond. In C. L. Khanna’s cae (supra) this Commission had given following directions to the Bank: (i) Lodge FIR with regard to loss of title deeds. (ii) Give public Notice in the Newspaper regarding loss of title deeds. (iii) Bear the entire costs in respect of the help to the complainant to get the duplicate title deed executed and obtain duplicate certified copy from the Sub-Registrar. (iv) and then to give the Indemnity Bond to the respondent to compensate for any loss suffered by him due to misuse of the original Title Deeds. -4- Respectfully following the directions issued by this Commission in we modify the order of the State Commission and direct the petitioner to lodge FIR with regard to loss of Sale Deed; give public Notice in the Newspaper regarding loss of Sale Deed; bear the entire costs in respect of the help to the complainant/respondent to get the duplicate Sale Deed executed and obtain duplicate certified copy from the Sub-Registrar; and, then to give the Indemnity Bond to the respondent, in respect of the original Sale Deed which is no longer in existence, to compensate for any loss suffered by him due to misuse of the original Sale Deed. The Indemnity Bond shall be for duration of ten years from the date of giving the Indemnity Bond. Revision petition stands disposed of in above terms. | 
