Order-18.

Date-06/04/2016.

This is an application u/s.12 of the C.P. Act, 1986.

          Complainant by filing this complaint has submitted that complainant for the purpose of construction and or purchase of a house for the use and enjoyment of his family members took a loan of Rs.14,000/- and that was granted by the OP1 with such conditions and an agreement was also executed to that effect and final loan vide agreement being No.11410022889 was sanctioned to the complainant and in support of the loan finally a deed of conveyance for purchasing of his house property was executed and registered on 07-12-1999 and IGR Serial No.839973 confirming the detail of such executed registered deed being no.6064 in book no.1 was issued by the registering authority and the same was collected by the representative of LIC Housing against payment of sanctioned loan amount by OP1 on the day of execution and registration of a Deed of Conveyance of purchase against disbursement of loan amount to the complainant.

          During continuation of the said loan account complainant required some additional amount and applied for the same and that was also sanctioned by the OP under a new Loan Account No.11410076360 and that additional amount was also sanctioned after proper verification and satisfaction of the OP2.  Thereafter, complainant began to pay instalment as calculated and as per demand of the OP against that loan accounts as calculated by the OP.  Ultimately complainant repaid the entire loan amount and OP2 issued a letter under serial no.180 thereafter, informed the complainant being no.11410076360 has been fully paid on 14-11-2014 and after closing of the said loan complainant paid for return of the original deed of sale which was under the custody of the OP as mortgaged deed and in the said letter Serial No.180 OP2 intimated the complainant about list of documents required to be produced for to them for returning the original deed back which were duly submitted by the complainant to the OP2 after closing of loan and at the bottom of the said letter it was mentioned and confirmed specifically that original document to be handed over to the power of attorney holder as per the specified format to be sent to the residential address of complainant on production of residential proof and application from all the applicants and the date of return of such original document which is title deed no.6064 dated 07-02-1999 against IGR No.839973 executed in favour of and in the name of complainant herein and kept by the OPs as security.

          After such confirmation by way of such letter regarding the original title deed complainant submitted all the documents to the OPs but the original deed has not yet been handed over to the complainant despite the written commitment, rules and regulation and terms and conditions and particularly a clear confirmation, commitment and almost an undertaking regarding return of such deed.  Though complainant on several occasions visited the office of the OP but they did not handed over it and by that way complainant has been suffering much and at the same time he has been humiliating and also deprived from the overact of the OPs to get back the documents and if it would be received at in time complainant shall not have to face further harassment to get loan from other bank to his business.  In fact, for want of original document he failed to get further loan and for such negligent and irresponsible act on the part of the OP practically complainant has been suffering much and for which complainant has prayed for redressal and with a prayer to direct the complainant to hand over original title deed and compensation of Rs.3 lakhs.

          On the other hand OP LIC Housing by filing written statement submitted no doubt complainant handed over the IGR copy in respect of the Deed of the complainant’s subject flat to the representative of the OP at the time of registration and the OP keep the same in its safe custody and admitted position is that after closure of the loan account OP reported the complainant that the original document shall be returned to the complainant in a particular date as it has been mentioned in the letter dated 14-11-2014.  But while processing the said formalities it is found that subject file in respect of the loan account is misplaced from the custody of the OP and OP in spite of its full effort canot be able to trace out the said loan file and as such they lodged a GD being No.1713 dated 18-11-2015 of local Bowbazar P.S. and the situation was explained to the complainant verbally and asked the complainant for more time.

          It is specifically mentioned by the OP that answering OPs are not able to return back the original deed due to misplace of the subject loan file but OP in spite of full effort cannot be able to trace out the said loan file as such they lodged the alleged diary and the situation is beyond their control and they cannot be able to return back and same cannot be treated as negligence and deficiency on the part of the OP and for such cause complainant has not suffered any financial loss of which the complaint should be dismissed.

Decision with Reasons

After considering the complaint and the written version and also considering the document of the OP and particularly the version of the OP in Para 13 to 15 of W/S it is proved that loan account of the complainant is closed after full payment of all EMIs, interest etc and OP sent a letter on 14-12-2014 for compliance of necessary formalities for returning back the original deed which was kept in the custody of the OP as security and other documents and OP agreed to return the same subject to filing of such papers as required and admittedly complainant submitted all the documents as required by the OP but complainant failed to search out the said document along with entire loan file as it was misplaced and that could not be traced out as yet.  So, OP Bank lodged a GD No.1713 dated 18-11-2015 at Bowbazar P.S. and reported the complainant that means OPs have admitted that they failed to hand over the said vital original document that is deed of sale in respect of the property which was kept in the custody of the OP as security.  Invariably on 14-11-2014 a letter was sent by the OP with such admission that all the document shall be returned and thereafter, they lodged a police diary at Bowbazar P.S. on 18-11-2015 and informed that they could not able to find out the deed including the document. 

          Peculiar factor is that in between 13-11-2015 to 18-11-2015 OP did nothing but after receipt of the Lawyer’s letter sent by the complainant they began to proceed to lodge a complaint.

          Ld. Lawyer for the OP submitted that it is not negligence but OP authority failed to search out it but the OP authority is willing to hand over him a certified copy at free of cost in respect of the said deed and also NOC etc.  Peculiar factor is that in the written statement there is no such version.  No doubt OP authority is liable not only to return the original deed of sale etc. but they received it from the registration office after registration of the deed and it was mortgaged against the loan account when as per OP’s version complainant has cleared up all the dues then it is the legal duty of the OP to return it and fact remains as per rule of law their own obligation is to return but that is not done as yet as such same is considered as deficiency of service and at the same time this OP authority in so many cases failed to return original deeds to the customer(consumer) for which this Forum has imposed compensation and directed the OP to comply by supplying a certified copy and to note on the back side of the said certified copy that original is lost from OP’s custody for which the certified copy of the original deed is supplied at the cost of the OP authority and also to note that in future if it is searched out the original then it shall be handed over to the complainant along with a forwarding letter to that effect also to the complainant along with a specific note in the forwarding letter that it is done as per order of this Forum and similar order should be passed but in the present case when nature of negligence of OP is again found in another case and if it is the act of the OP authority then it is found that this institution is very casual in all respect in keeping valuable article/document of the customers and for their such sort of callousness conduct the consumer would suffer in future.  No doubt complainant is a beneficiary of the said document but that has not been returned, complainant is also a beneficiary of services rendered by the OP authority who already received the entire loan amount with up to date interest but even then the obligation on the part of the OP’s are not discharged and mere defence of OP that it is lost and untraceable is no doubt a negligent manner of act in view of the fact it is specifically mentioned by the OP in the written version that it is kept in safe custody but we have failed to understand that from the safe custody the entire loan file is untraceable where all the customers have deposited the original deeds or documents under the hands of such callous administration, whose callousness have been found in so many cases also.  That means that vital documents that is mortgaged deed is not under safe custody and callously, scatteredly the copies are thrown and it is the position of the vital deposited deeds under callousness administration which is run by the OP authority and that is the practice of such institution in most of the cases and this is another example of callous, negligent manner of service and deficient manner of service on the part of the OPs.

          In the light of the above observation the complaint succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with a cost of Rs.5,000/-.

          OPs are jointly and severally here by directed to return the original deed of sale and if it is not possible as per OP’s version in that case OP shall have to secure certified copy of the said deed from registering authority at their own cost and after collecting it by making such endorsement as noted in the body of the judgment with seal and signature of the Branch Manager or the Authorised Signatory with sign and seal of the OP along with a forwarding letter with subject matter as embodied in the body of the judgment to that effect sent the same and hand over the same to the complainant with a note that if in future if it shall be searched out it shall be returned to the complainant and also shall have to hand over a NOC in favour of the complainant about full satisfaction of the entire loan account.  Everything shall be complied by the OPs within 45 days from the date of this order and if it is not comp0lied within 45 days from the date of this order OPs shall have to pay penal damages of Rs.5000/- per month till full satisfaction of the decree and if it is collected it shall be deposited to this Forum and invariably cost of Rs.5,000/- shall be paid to the complainant within one month from the date of this order.

          Further for negligent and deficient manner of service and also for harassing the complainant for last 2 years in such a manner without expressing their desire to supply certified copy with endorsement in the meantime and further adopting such deceitful manner of trade OP’s jointly and severally shall have to pay a compensation of Rs.10,000/- to the complainant.

          OPs are jointly and severally are directed to comply the order positively within the stipulated period failing which penal action shall be started against them for which further penalty and fine shall be imposed.