ORDER ON ADMISSION OF COMPLAINT

SRI.KUMARA.N, PRESIDENT (I/c)

This complaint is filed under Section 35 of the Consumer Protection Act, 2019 to direct the OPs to return the original title documents, in the event if the OPs fail to return the original title documents before this Commission, direct the OPs to adjust the remaining loan amount and pay Rs.50,000-00 towards cost of litigation with interest @ rate of 12% p.a. from the date of application till its realization and grant such other relief as deemed fit.

          2. It is the case of complainants that they have jointly availed a housing loan from the 1^st OP in loan account No.HL/5141619000029 by mortgaging residential site wherein the complainants constructed a house in the site bearing No.20, measuring E to W towards North 34 ft, towards south 48 ft, and N to S towards East 34 ft, towards

West 40 ft, formed in SY.No.312, (0-35) of Tumkur village having its Katha no.3324, PID No.30486 now situated at Ward no.21, Vidyanagar Tumkur which bounded by East: Road, West: Site no.19, North: Road, South: Layout of Lakshmaiah and loan amount with interest paid regularly. The complainants further submitted that under their utter surprise, they received a letter from the 1^st OP on 5-7-2021 for missing of our original title deeds and loan documents of the property mortgaged by the complainants which were submitted to OP bank at the time of availing loan. The original title document of the mortgaged property was in the care and custody of the OPs which were lost by them due to their negligence with a deliberate intention of troubling the complainants. The original title document of the mortgaged property is very important documents and if the complainants want to avail further loans against the property from any other bank. On 26-10-2021 the complainants issued legal notice to OP to search and show the original title documents pertaining to the mortgaged property along with the original loan documents, but the OPs have not cared to reply for the same hence, this complaint for deficiency in service by the OPs.

          3. We have heard the complainant, and pursued the complaint where in the complainants not provided any details about obtained the housing loan date, loan amount and interest, tenure of the loan etc.   

          4. The complainants produced the copy of OP bank letter dated 5-7-2021 which stated as “We regret to inform that the original title deeds of your property and the loan documents which are held as security to your above housing loan is not traceable. Despite out best possible efforts, to trace the same, has turned out futile. We are still continuing our search to trace the same. If the same is traced, we shall hand over the same to you upon closure of housing loan. We have since obtained the certified copies of 4 title deeds mentioned in the LSR and also certified copy of Registered Memorandum of Deposit of Title Deeds from the Sub Registrar office, Tumkur. We shall proceed to comply legal formalities in respect of missing documents, as per your consent. This proves that the OP bank is putting all efforts in tracing the misplaced original documents and process not completed. At this stage it is difficult task in arriving to the conclusion of OP bank committed deficiency in service.

5. Definition of Deficiency of Service:

Section 2 (11) of Consumer Protection Act, 2019 defines Deficiency of Service as “any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes (a) any act of negligence or omission or commission by such person to the consumer and (b) deliberate withholding of relevant information by such person to the consumer.”

6. The complainants have produced legal notice dated 26-10-2021 issued to OPs and postal receipt and postal acknowledgements.

          7.  There is no material to believe that the OP bank have committed the act of deficiency in service. In the result, we proceed to pass the following;

ORDER

The complaint is dismissed as not maintainable.

Furnish the copy of order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 19^th day of February, 2022).

LADY MEMBER                          PRESIDENT (I/c)