IMPORTANT POINT
Banking operations come within purview of service and any deficiency in such service will be covered by the provision of the Consumer Protection Act.

Sunil Kumar Garg, President—This complaint has been filed by the complainants on 18.10.2006 before this Commission against opposite party Nos. 1 and 2 seeking the following relief:

(i) That by directing the opposite party to pay a monetary compensation of

Rs. 60,00,000 (Rs. sixty lacs) to the humble complainants for loss of business and Rs. 10 lacs as compensation for mental shock, suffering, tension and harassment; and

(ii) The respondents be directed to return the original sale deed dated 19.12.1936 which was given/mortgaged to it as collateral security; and

(iii) The respondents be directed to execute indemnity bond and publishing of the same in major newspapers against any loss or damage that complainants may suffer because of the non-availability of the original title/sale deed; and

(iv) By also directing the opposite party to pay the costs of the complaint; and

(v) By granting any other relief, which the Hon’ble Commission deems fit and appropriate in the facts and circumstances of the complaint.

2. The case of the complainants as put forward by them in the complaint is as

follows:

That complainant No. 1 is an international reputed proprietorship firm engaged in the export of stones/cobbles, etc. since more than a decade and for that purpose some banking facilities were to be taken and complainant No. 1 had taken necessary credit facilities from the opposite party bank through letter dated 2.2.1999 and for that purpose the complainant No. 1 had mortgaged certain documents including a sale deed dated 19.12.1936 with opposite party bank. It was further stated in the complaint that quality of the services provided by the opposite party was highly unsatisfactory and, therefore, the complainants were left no option but to take banking services from other bank and thus they approached the Overseas Bank, M.I. Road, Jaipur and for that the complainants had informed the opposite parties of the fact that they intended to change their bank and they were requested that the original documents which were with the opposite party bank be returned to the Overseas Bank. It was further stated in the complaint that opposite parties had agreed to hand over the documents to Indian Overseas Bank and on 19.8.2005 the opposite parties informed the complainants that the original documents had been handed over to the Indian Overseas Bank.

It was further stated in the complaint that on 22.8.2005 the Indian Overseas Bank through Annexure 1 had informed the opposite party bank that in respect of the sale deed dated 19.12.1936, only a Xerox copy of the sale deed was provided and not the original sale deed and it was further stated that the opposite party had refused to supply the original sale deed.

It was further stated in the complaint that thereafter the complainants had approached the opposite party bank and had made a request that the original sale deed be handed over to the Indian Overseas Bank for which they sought time but ultimately that was not supplied by the opposite party bank as a result of which the complainants could not get the credit and other facilities from Indian Overseas Bank and the business was suffered.

It was further stated in the complaint that the sale deed dated 19.12.1936 was a very valuable document as it was providing the ownership of the said property. It was further stated that many letters and reminders were given to the opposite party bank Exs. 2 to 4 but even then no step was taken by the opposite party for supplying the original sale deed and ultimately the opposite party bank through letter dated 3.9.2005 Annexure 5 had informed the complainants that the said original document was not traceable and the same was not in their custody and the documents which were handed over to them had been returned but the document in question i.e., sale deed dated 19.12.1936 was not handed over to them and thereafter for that deficiency legal notice Ex. 6 was given by the complainants to the opposite party bank and this com