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A. P. SAHI
A. C. Dharmadevi – Appellant
Versus
Indian Bank – Respondent
ORDER
These two first appeals arise out of a common order of the State Consumer Disputes Redressal Commission, Tamil Nadu (hereinafter referred to as ‘the State Commission) dated 23.07.2015, where the complainant, Smt. A.C. Dharmadevi in complaint no. 3 of 2008, alleged deficiency in service on the part of the Indian Bank, Chennai for not returning the original documents/ title deeds deposited with them that was transferred to the Esplanade Branch of the Bank, and were ultimately lost in their custody. The complainant’s late father, who was the Managing Partner of M/s. Swasthik Tobacco Factory, Vedaranyam had availed loan facilities from the Indian Bank since the year 1966. In order to secure the loan which was advanced on 24.06.1966, 12 documents/title deeds were deposited on 19.12.1967.
2. The loan facilities were desired to be continued and for that the complainant approached the Bank for extending the security and also to inspect the original documents. The said documents/ deeds were kept in a box in the strong room of the Bank. On 28.11.1988, the complainant along with her son-in-law and the Manger of the Bank of the Vedaranyam branch visited the Indian Bank, Esplanade, Chennai
Legal Title - The legal title of the complainant does stand compromised on account of the loss of the original documents by opposite party 1.
Home Loan – Reduction in sale consideration, though indicative of financial prejudice, cannot be wholly attributed to loss of Title Documents or quantified solely on the basis of sale documents.
Original property documents are very valuable and essential documents for owner of a property and its non-availability with him brings many adverse impacts/consequences.
Consumer Dispute – By no stretch of imagination, the receipt of amount more than Rs.20,000/- without cheque is not relevant issue for adjudication of the consumer disputes between the respondent and ....
(1) Consumer Complaint – Maintainability – What needs to be seen is dominant intention or dominant purpose of transaction – Status of purchaser or recipient of goods or services, whether it is an ind....
Loss of Sale Deed - There is no doubt that the Petitioner Bank was responsible for the loss of the Sale Deed. The Petitioner being entrusted with the document relating to the Property of the Responde....
Commercial transactions do not qualify for consumer protection under the Consumer Protection Act, 1986.
(1) Breach – A beach of conveying a property with a non-existent title occurred in 1984 itself.(2) Delivery of Possession – There was no delivery of possession nor is there anything to indicate that ....
Proceedings before Commission being summary in nature, complaints involving highly disputed questions of facts or cases involving tortious acts or criminality like fraud or cheating, could not be dec....
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