The New Delhi District Consumer Disputes Redressal Forum also ordered IDBI to issue a certificate stating that it had received various documents pertaining to the borrower's flat at Pitampura in North Delhi but had lost the same later.
While holding the bank to be "negligent" in handling the the borrower's documents, the bench presided by C K Chaturvedi said it should have "exercised the same prudence and care as it would do in case of its own property."
"The opposite party (IDBI) was negligent in taking proper care of the documents. Once it was aware of the nature of documents of title, it should have sent it to its own office in Bombay by a official messenger or an officer personally rather than through a courier.
"It had to exercise the same prudence and care as it would do in case of its own property in handling such documents. The case discloses utter deficiency on its part resulting in incalculable loss to the complainant (borrower)," the bench, also comprising its member S R Chaudhary, said.
It also directed IDBI to get the lost documents reissued and duly certified by the DDA and the cooperative group housing society and to take all necessary steps to safeguard the borrower's interests.
The forum's order came on the plea of Delhi resident Narinder Kainth, who had alleged that IDBI Bank had lost the title documents from its custody.
IDBI Bank while admitting that the documents were lost, had contended that loss of documents was not intentional and they were lost by the courier company in transit.
The forum, however, rejected the bank's contention saying "it cannot split liability between it and the courier service" and directed it to pay compensation of Rs three lakh to Kainth for harassment suffered by him and also awarded him Rs 50,000 as litigation expenses.
