Judgment:
Per Smt. S.P. Lale, Honble Member
This appeal filed by appellant/org. complainant for enhancement of compensation against the order dated 13/11/2007 passed by Mumbai Suburban District Consumer Forum, whereby the Forum below directed the O.P. to cooperate with the complainant to get certified copy of Agreement for Sale, which is lost by them or to pay Rs.3,000/- towards compensation. The Forum below further directed to pay Rs.10,000/- towards compensation for mental agony and Rs.2,000/- towards cost to the complainant.
Dissatisfied by the said award, org. complainant himself has filed this appeal.
The facts given rise to this appeal are as under :-
The complainant had purchased a flat situated at Kolbad Road, Thane Plot No.31 from one Mr.S. Ekambaram and an Agreement for Sale dated 18/01/2001 was executed between the parties. The total cost of the flat was Rs.6 Lakhs. Out of which Rs.11,000/- was paid by the complainant and he decided to pay balance amount of Rs.5,89,000/- by obtaining a loan from the O.P./Bank. The complainant further states that he approached to the O.P. for sanction of loan and accordingly, O.P. sanctioned loan of Rs.4,65,000/-. The complainant further stated that he mortgaged original Agreement for Sale as security against the said loan with O.P. In the month of October 2004, representative of O.P. met in the office of the complainant and informed that the original Agreement for Sale, which was given as security to the O.P. was not available with the respondent. The complainant further stated that he made several requests to the O.P. for giving him original Agreement for Sale. But, O.P. did not respond to the complainants request. The complainant on 18/11/2005 received notice from O.P. in respect of loan agreement and stating therein that Rs.5,959/- was due and payable by the complainant to the O.P. The complainant replied to the said notice informed that his original Agreement for Sale deposited with them has been misplaced by the O.P. Therefore, complainant asked for same from the O.P. But, O.P. failed to hand over the said original Title Deed to the complainant. Therefore, complainant filed consumer complaint before the Forum below for deficiency in service.
O.P. filed its written statement and denied allegation of the complainant. O.P. pleaded that original Agreement for Sale has been misplaced by it and the police complaint was lodged on 19/01/2007. It further pleaded that to get certified copy of the original deed, O.P. is trying its level best from the respective authority.
After considering affidavits and documents placed on record, Learned District Consumer Forum allowed the complaint and passed the impugned order.
We heard Mr.Vinay Menon, Advocate for the appellant. Proof of service is taken on record. None is present for the respondent.
We perused the impugned order, copy of appeal memo and documents placed on record and we are finding that the order passed by the Forum below is just and proper. Appellant has purchased flat from Mr.S. Ekambaram and obtained loan from O.P. Bank. The appellant deposited Agreement for Sale with O.P. and O.P. misplaced original Title Deed and lodged complaint with the Vashi Police Station, Navi Mumbai and they have also published details for lost document in the local newspaper âFree
Press Journal and âNavshakti. We are finding that the forum below has rightly passed the award and granted Rs.10,000/-. Quantum of compensation granted by the Forum below is perfectly reasonable. Therefore, there is no substance in the appeal. No interference is called for. In the result, we pass the following order :-
Order:
1. Appeal stands dismissed.
2. No order as to costs.
3. Copies of the order be furnished to the parties.