MANAGER, TATA CAPITAL HOUSING FINANCE LIMITED & ANR. REGISTERED OFFICE AT ONE FORBES, DR. V. B. GANDHI MARG, FORTE MUMBAI Vs. RAJENDRA KUMAR AGRAWAL S/O SRI LALA CHAND AGRAWAL, R/O PLOT NO. 42, PRATAP NAGAR SECOND BARKAT NAGAR TONK PHATAK JAIPUR

JUDGEMENT

(1.) No one is present for the respondent, though as per the tracking report, he has been served on 04.10.2016. I have therefore, heard the learned counsel for the petitioner.

(2.) The complainant/respondent namely Rajendra Kumar Agrawal took two loans, one of Rs.6,00,000.00 and the other of Rs.42,00,000.00 from the petitioner company. In order to secure the aforesaid loan, the complainant/respondent mortgaged an immovable property owned by his mother Smt. Kamla Devi Agrawal with the petitioner company. The owner of the property had also stood as the guarantor for the loan taken by the complainant. The loan was of Rs.6,00,000.00 repaid on 04.11.2011, whereas loan of Rs.42,00,000.00 was repaid on 21.12.2011. After repayment of the loan, when the complainant asked the company to return the original title deed and site plan of the mortgaged property, the said documents were not returned. It later transpired that the company had lost those documents. Being aggrieved, the complainant approached the concerned District Forum by way of a consumer complaint.

(3.) The petitioner company remained ex parte before the District Forum which vide order dated 07.01.2015, directed the petitioner company to pay a sum of Rs.15,000.00 as compensation to the complainant along with cost of litigation quantified at Rs.5,000.00. The District Forum also directed the petitioner company to return the original sale deed of the property to the complainant. Being aggrieved from the order passed by the District Forum, the petitioner approached the concerned State Commission by way of an appeal. No one appeared for the petitioner company when the appeal came up for hearing. The said appeal was dismissed by the State Commission which found no error in the order passed by the District Forum. Being aggrieved, the petitioner company is before this Commission by way of this revision petition.