Chandigarh, September 26- Holding responsible for deficiency in service and negligence, the Chandigarh Consumer Dispute Redressal Forum has directed the Punjab and Sind Bank to pay an amount of Rs.two lakhs to the complainant as compensation on account of the loss of the original title deed and other related documents of the complainant who had submit these to avail a bank loan.
The complainant Rajinder Singh had availed an educational loan of Rs.10 lakhs from the sector 24 branch of Punjab and Sind Bank in January 2011 for his son Gurpreet Singh for pursuing diploma in Information Technology from Tasman International Academies, Auckland, New Zealand.
In their complaint before the consumer forum, Rajinder Singh and Gurpreet stated that for availing the said loan from the bank, they were asked to deposit certain documents with it which included original title documents of plot No.2324, Sector 22-C, Chandigarh, standing in the name of Rajinder Singh and his brother Dharminder Singh.
The complainants stated that the said loan was paid by them. They alleged that the bank issued NOC on July10, 2014 after a lapse of 2 years from the date of clearing of the educational loan but despite several requests, the bank did not return the original documents, deposited by the complainants.
Due to non return of the original documents, a dispute arose, in the family of the complainants and the brother of Rajinder Singh could not avail some loan due to the reason that documents of title were in the custody of the bank. Alleging deficiency in service and indulgence into unfair trade practice, complainants approached the consumer forum.
In its reply, the bank stated that the loan was against personal security and no document of property was taken against the said loan. It was further stated that the complainants were also part of fraud taken place in the year 2012. The complainants obtained the loan with the connivance of Branch Manager Rajinder Singh Kalsi illegally and unlawfully and caused loss to the bank, the reply stated. The allegations were refuted by the complainants.
An equitable mortgage could not be effected without the title documents of the house. Definitely the house of the complainant was mortgaged by the bank, which is clear from the letter written by bank to the complainant.
Forum observed that the bank was required to return the property documents to the complainant and in case the same had been misplaced by it, then bank should lodge an FIR/DDR with the police about the loss and to provide all assistance to the complainant and reimburse the expenses for obtaining the duplicate copies of the title deed from the concerned department to the complainant.
Stating that the complainant has suffered immense agony and harassment on account of non-returning of original title of the property by the bank, the forum directed the bank to pay Rs. two lakhs as compensation alongwith Rs. 20, 000 as cost of litigation.