IMPORTANT POINT
Original documents - As per minimum standards of banking procedures, the bank should return the original documents collected from the loan borrower. In case of lost, the bank has to help to take duplicates at its own costs because it is an important vital document.

JUDGMENT

Sunita C. Bagewadi, Member—The complainant filed this complaint against the Opposite Parties alleging deficiency in service and unfair Trade Practice and prays to direct the Opposite Parties to return the original registered sale deed dated 3-5-1982 and Rs.50,00,000/- with interest towards the loss, damages and mental agony and grant such other relief, in the interest of justice and equity.

2. The brief facts of the complaint is that the complainant is the absolute owner of all that piece and parcel of residential house constructed over site No.27, old no.29/2, PID No.53-57-27, 1st Main Road, Raghavendra block, Srinagar, Bengaluru measuring 1144 sq. ft., the complainant has acquired the same by registered Gift Deed dated 14-11-2006 registered document No.BSG-1-04244-2006-07 and followed by registered rectification deed of gift dated 12-12-2006 registered document No.BSG-1-04822-06-07.

The complainant further submitted that the complainant had approached the Opposite Party No.3 for term loan for the purpose of construction of residential house on property and submitted all the original property documents to Opposite Party No.3 for legal opinion and Opposite Party No.3 has acknowledged the receipt for having received all original property documents from the complainant.

The complainant further submitted that in the legal opinion dated 7-6-2012 given by panel advocate of Opposite Party No.3, it is clearly mentioned that all the property documents, based on which panel advocate has given opinion are original. Further submitted that the Opposite Party No.3 after satisfying with the title of complainant’s property and after compliance of all necessary formalities, had sanctioned to the complainant a term loan of Rs.36,00,000/- on 13-9-2012 and entered into memorandum of deposit of title deeds dated 30-10-2012 in respect of above term loan facility and in the said memorandum of deposit of title deeds, it is clearly mentioned that the Opposite Party No.3 has sanctioned the said term loan to complainant on security of all original property documents.

The complainant further submitted that as the Opposite Party No.6 was lending loan at low interest rate and since complainant needed additional amount for construction of residential house and also believing that Opposite Party No.6 was providing good service to the customers, the complainant has applied to Opposite Party No.6 for taking over of term loan obtained by complainant from Opposite Party No.3.

The complainant further submitted that the Opposite Party No.6 has told the complainant to submit all the copies of property documents and original memorandum of deposit of title deed dated 30-10-2012 entered into between complainant and Opposite Party No.3 to get the legal opinion from panel advocate of Opposite Party No.6 and the complainant has submitted to the Opposite Party No.6 all the copies of property documents and original memorandum of deposit of title deed dated 30-10-2012. It is further submitted that on 13-3-2014 the OP No.6 has issued sanction communication cum term and conditions to complainant and told the complainant that Opposite Party No.6 will pay the term loan with Opposite Party No.3 for Rs.26,53,342/- through demand draft to Karnataka Bank Ltd, Raghuvanahalli branch and collect the original documents from Opposite Party No.3 bank.

The complainant further submitted that when the complainant went to collect the original documents, the Opposite Party No.3 has handed over original property documents except original registered sale deed dated 3-5-1982, executed by M.L.Narayana Shetty in favour of complainant’s husband Sri.Shivaram, registered document No.387/1982-83, book-1, volume-1267, pages 173-175 registered in the office of Sub-registrar, Basavanagudi, Bengaluru. It is further submitted that on enquiry, the Opposite Party No.3 has told the complainant that the said original deed is not found and the Opposite Party No.3 is searching for the same and will be