JUDGEMENT
R.Lakshminarasimha Rao, Member -
(1.)THE opposite party -bank is the appellant. The appeal is directed against the order dated 11.11.2013 in C.C. No. 657 of 2011 on the file of the District Forum, Hyderabad -III. The respondent availed housing loan of Rs. 6,34,000 from the appellant -bank for the purpose of purchase of a Flat. Subsequently, the loan account bearing number HTL Account No. 10891671253 of the respondent was transferred to Kailasapuram branch, Tiruchunapallly, Tamil Nadu State. The respondent repaid the loan on 6.10.2010 and the Kailasapuram branch informed the same to the appellant -bank through letter dated 14.10.2010 and the respondent requested for return of the title deed which was mortgaged at the time of availing the loan from the appellant -bank.
(2.)THE respondent filed the complaint on the premise of the appellant -bank's negligence in keeping the mortgaged documents safe and its failure to return them to him after he made repayment of the loan amount. The appellant -bank resisted the claim on the ground that on request of the respondent, his loan account along with the entire record was transferred to Kailasapuram branch and the respondent without approaching the Kailasapuram branch and without impleading it, filed the complaint.
In support of his case, the respondent filed his affidavit. The documents filed by him had been marked Exs. A1 to A7. On behalf of the appellant -bank, its Chief Manager had filed his affidavit and the appellant had not chosen to adduce documentary evidence.
(3.)THE District Forum allowed the complaint opining that the appellant had sent copy of the sale deed to Kailasapuram branch and it had to reap the fruits of its negligence on account of loss of the sale deed while the document has been in its possession.
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