Sri Shyamal Gupta, Member
The Order dated 19-06-2017 of the Ld. District Forum, Kolkata- I (North) passed in CC/173/2016 is under challenge in this Appeal.
The complaint case was filed over non-return of the pledged IGR in original to the Respondent by the Appellant.
Initially though the Respondent was represented by his Ld. Advocate, subsequently, he did not turn up. Therefore, we heard the matter ex parte.
Admittedly, the Appellant misplaced the pledged IGR of the Respondent. Therefore, there can be no manner of doubt as to the deficiency in service on its part.
There is no denying the fact that once the original document or page/s are misplaced then the owner finds it very difficult to sell the property or avail loan against the same. The buyer of the property will not get Home Loan easily as the banks/financial institutions suspect that property might have been mortgaged with some other lender specially if entire document like sale deed is missing. C.L. Khanna vs. Deba Bank, (2006) 1 CPR 303 (NC) relied upon.
It is not understood, why the Appellant, save and except lodging one GD, did not take any other step like publishing notice in two newspapers, providing indemnity bond on stamp paper (containing details of the schedule property), arranging duplicate copy from the Office of the Registrar.
In fact, as it appears, the bank is liable to pay penalty @ Rs. 100/- per day if it fails to return the pledged documents within 15 days of loan closure.
Looking from this aspect, there can be no manner of doubt that Ld. District Forum let off the Appellant very lightly.
There being no merit in this Appeal, we dismiss it without any hesitation.
However, in order to secure the interest of the Respondent, we deem it appropriate to direct the Appellant to comply with all the due formalities as stated hereinabove and provide requisite documents to the Respondent within 40 days from the date of passing of this order, i.d, it shall be liable to pay fine @ Rs. 100/- per diem to the Respondent for the entire period of default.
