IMPORTANT POINT
Title deed deposited by complainant with the bank if lost, held to be compensated.

ORDER (ORAL)

Deepa Sharma, Presiding Member.—The present Revision Petition, under Section 21(b) of the Consumer Protection Act, 1986 (substituted now) (for short “the Act”) has been filed by the Petitioner (hereinafter called as “the Insurance Company”) against the order dated 25.06.2013 of the State Consumer Disputes Redressal Commission, A.P., Hyderabad (for short “the State Commission”) in Appeal No.473 of 2012 whereby the Appeal of the State Bank of India against the order dated 15.05.2012 of the District Consumer Disputes Redressal Forum, Ranga Reddy (for short “the District Forum”) in Complaint No.10 of 2011, was dismissed.

2. The brief admitted facts of the case are that the complainant wanted to buy a house and he was sanctioned a loan amount of Rs.3,50,000/- which was repayable in 240 EMIs of Rs.3,320/-. He had cleared the entire loan amount and No Dues Certificate was also issued to him by the petitioner. The controversy between the parties had arisen when the complainant demanded the return of original sale deed. The petitioner had informed the complainant that he had never deposited the sale deed with the branch of the petitioner, who was processing the loan amount. The complainant filed a complaint before the District Forum. The parties led their evidences before the District Forum. The learned District Forum after hearing the parties and perusing the evidences on record, reached to the conclusion that the complainant had deposited the original title deed with the petitioner and directed the petitioner to return the original title deed and pay penalty of Rs.50,000/-.

3. Aggrieved by the order of the District Forum, an appeal was filed by the petitioner before the State Commission wherein they had taken similar contentions that the complainant had never deposited the title deed with the petitioner. The State Commission after reappreciating and re-assessing the evidences on record rejected the contention and concurred with the ordered of the District Forum vide impugned order.

4. I have given thoughtful consideration to the arguments of the learned counsel.

5. In the present Revision Petition, the petitioner has raised the same contention that the complainant had never deposited the title deed with the bank.

6. It is settled proposition of law that this Commission under Section 21(b) of the Act (substituted now as Section 58 (1) (b)) has limited jurisdiction and it is not required to re-ascertain and re-assess the evidences on record and to reach to its own conclusion. It is only required to see whether the findings of the Fora below are perverse. A finding can be said to be perverse only when it is based either on no evidence or a material piece of evidence has been neglected or not considered while reaching to the conclusion. This Commission can also interfere with the concurrent findings where there is a jurisdictional error. None of such situation exists in the present case. The findings of the fora below that the title deeds were deposited by the complainant are based on the documentary evidences, which were duly exhibited and therefore it cannot be said that the findings are based on no evidences. Also, learned Counsel for the petitioner has failed to point out any material piece of evidence, which was there on record but was not taken into consideration by the Fora below and that had it been taken into consideration and had it been considered, the findings would have been different. It has been held by Hon’ble Supreme Court in numerous cases including “Rubi (Chandra) Dutta Vs. United India Insurance Co. Ltd., 2013(2) CPR 14 (SC):(2011) 11 SCC 269” as under:

“23. Also, it is to be noted that the revisional powers of the National Commission are derived from Section 21 (b) of the Act, under which the said power can be exercised only if there is some prima facie jurisdictional error appearing in the impugned order, and only then, may the same be set aside. In our considered opinion there was no jurisdictional e