BANK OF INDIA REPRESENTATIVE AND ASSISTANT GENERAL MANAGER, BULLIAN EXCHANGE BRANCH, 1858, SHEIKH MENON STREET, ZABERI BAZAR MUMBAI Vs. MUSTAFA IBRAHIM NADIADWALA OF M/S. MANEGAON FARMS, 602, SUMMER VILLA, 7 ROAD, SANTACRUZ (E)54, MUMBAI

JUDGEMENT

(1.) This first appeal has been filed under Sec. 19 read with Sec. 21 (a)(ii) of the Consumer Protection Act, 1986 against the impugned order dated 7.1.2016, passed by the Maharashtra State Consumer Disputes Redressal Commission, Mumbai (hereinafter referred as the 'State Commission) in Consumer Complaint no.150 of 2012, vide which the said complaint was partly allowed.

(2.) The facts of the case are that the respondent/complainant, Mustafa Ibrahim Nadiadwala filed the consumer complaint in question, saying that he was co-owner of certain properties situated at village Nanegaon, Tehsil Pen, Distt. Raigad and that he availed term loan facility of Rs. 10,48,000.00 from the appellant Bank, vide sanction letter dated 20.5.1992 and for that purpose, the three co-owners including the complainant, credited equitable mortgage in respect of the said properties in favour of the Bank by depositing two Conveyance Deeds dated 2.2.1990 and 2.4.1990 with the said Bank. However, even after the said loan had been fully repaid to the Bank, the Bank did not return the original documents, resulting in deficiency in service on their part. The complainant filed the consumer complaint, seeking directions to the Bank to return the original title deeds as well as pay a compensation of Rs. 99 lakhs towards mental agony, harassment etc. and a further sum of Rs. 50,000.00 as litigation cost. As recorded in the order of the State Commission, an Advocate appeared on behalf of the Bank, but the Bank failed to file their written version or affidavit of evidence before the State Commission. The case was therefore decided by the State Commission, vide impugned order, the operative portion of which reads as follows:

(3.) Being aggrieved against the said order of the State Commission, the Bank has filed the present first appeal before this Commission.