BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD.

C.C.No.36 OF 2022 Between:

M/s. Sree Ramji Traders, Rep. by its proprietor, Nand Kishore Dalia, S/o. Ram Swaroop Dalia, Aged about: 52 years, Occ: Business Carrying At Sy. No.25/AP, Namdevwada, Nizamabad, Cell: 9849059699, sreeramjitraders@rediffmail.com.

… Complainant And

1. Axis Bank Ltd., Regd. Office at Trishul-3rd Floor, Opp: Samartheswar Temple, Near Law Garden, Ellisbridge, Ahmedabad –380006, www.axisbank.com.26409322.

2Axis Bank Ltd., Rep. by the Regional Manager, Having its Regional Office at 5-3-83/184, MOdi Square, 3rd Floor, R.P. Road, Secunderabad.

3. Axis Bank Ltd., Main Branch, Hyderabad Road, Nizamabad.

…Opposite parties Counsel for the Complainants : M/s.DMA Associates Counsel for the Opposite Parties : Sri Racha Associates QUORUM: HON’BLE SRI K.RANGA RAO - PRESIDING OFFICER-

MEMBER - (JUDICIAL).

&

HON’BLE SMT.R.S.RAJESHREE, MEMBER (NON JUDICIAL).

THURSDAY, THE TWENTY SIXTH DAY OF JUNE, TWO THOUSAND TWENTY FIVE ORDER:(PERHON’BLE SMT. R.S. RAJESHREE, MEMBER, N-JUDICIAL)

1. This is a complaint filed by the Complainants U/s. 47 of Consumer Protection Act,2019,on 16.08.2022 against the Opposite Parties to direct them as follows:-

(i) That the complaint of the Complainant be allowed thereby directing the Opposite Party to pay the amount of Rs.25,00,000/- towards causing mental agony and damages towards loss of original documents and Rs.10,00,000/- towards harassment meted out at the hands of the Opposite Parties while persuading from the charges being imposed by the Bankers (ICICI) from whom the Complainant has availed additional loan to the tune of Rs.37,792.52 ps. per month from November, 2021 and also the notice charges of Rs.25,000/- and further claims cost of the complaint to the tune of Rs.1,00,00,000/- from the Opposite Parties.

(ii) Cost of the complaint be awarded and grant any other relief or reliefs to which the Complainant is found entitled to be in the interest of justice, hence prayed for.

2. Brief facts of the case:- The case of the Complainant is that the Complainant is dealing in whole sale and retail business in the name of Sree Ramji Traders, Proprietorship concern represented by its proprietor, Nand Kishore Dalia, having its office at Sy.No.25/AP Namdewada, Nizamabad. That the Complainant had availed a loan from Opposite Party No.3, branch office of Opposite Party No.1 under CCAPR (Rural Enterprise) Financial Facility vide loan A/c. No.911030017157830. The said loan was an equitable mortgage loan wherein the Complainant had deposited the original title deeds of their family property admeasuring Ac.0.38 guntas, situated at Sy. No.251/A, Khanapur Village and Mandal, Nizamabad District. The original sale deeds that were deposited with Opposite Party No.3 bank are Doc. No.9142/2010, 5025/1993 and 778/1991.That the Complainant had availed a loan of Rs.250 lakhs and has been regular in repayment of the instalments. However, as the Complainant was in need of further amount of Rs.400 lakhs the complainant had requested to extend the loan amount to Rs.400 lakhs, and had made several requests through mails and orally by visiting the regional office i.e., Opposite Party No.2. But, the Opposite Parties failed to raise the loan, as such, the Complainant had approached ICICI bank. The ICICI bank after proper verification had agreed to sanction the loan against the property to the tune of Rs.450 lakhs. As such, the Complainant had closed the loan account at the Opposite Party No.3 bank by paying the entire dues and requested for return of the original title deeds and had been requesting the Opposite Party to handover the original title deeds. But, the Opposite Party No.2 had informed the Complainant that the said documents have been lost and that they are searching for the same and would be handed over as and when the same are traced.

That despite several oral requests and mails the Opposite Parties failed to trace and handover the documents. Fina