RAJESH GUPTA Vs. AXIS BANK LTD

JUDGEMENT

(1.) The present Complaint, under Section 12 of the Consumer Protection Act, 1986 (for short "the Act"), has been filed against the Opposite Party Bank on the ground that the Complainant took a loan of approximately Rs.67,94,000/- on 27.03.2012. At the time of taking of the loan, and during the existence of the loan amount, on asking of the Opposite Party, the Complainant deposited the following documents with the Opposite Party:

(2.) The entire loan amount was cleared by the Complainant on 13.11.2013 and his loan account was closed. The Opposite Party, however, did not return all the documents which were deposited with them, despite the promise and several visits by the Complainant and writing several letters to them. The Complainant has prayed that this amounts to deficiency in service on the part of the Opposite Party and that the Opposite Party should be directed to supply the certified copies of the original documents; issue Indemnity Bond in favour of the Complainant indemnifying the present and future losses of the Complainant; to pay a sum of Rs.1,25,00,000/- equivalent to the market value of the property towards financial damages; to pay Rs.10,00,000/- towards mental agony, harassment etc.; to pay interest @ 24% p.a. from 13.11.2013, the date on which the entire loan amount was paid and also award a sum of Rs.1,00,000/- towards litigation expenses.

(3.) The Complaint is contested by the Opposite Party. The Opposite Party has not disputed the fact that they had sanctioned the loan to the Complainant and that the loan stood paid by the Complainant on 13.11.2013. They had also not disputed the deposit of all the documents, as shown by the Complainant, with them. However, it is stated that few of the documents, which were available with them, have been returned and the rest of the documents had lost and they are unable to return those documents.