My name is Chamarty Viswanadham, aged 45 years, working as Senior Manager in Rashtriya Ispat Nigam Limited, Visakhapatnam Steel Plant, Visakhapatnam (Mobile No.9652514308, 7382295790) residing at the above given address.
M/s ICICI Housing Finance Corporation Limited (ICICIHFCL), 101-A, 1st Floor, 10-1-43, Siripuram Fort, CBM Compound, Visakhapatnam – 530 003 sanctioned a loan of Rs.235000/- upon executing an agreement bearing file No. No.777-1319273, dated 15/03 for take over of loan from M/s Housing Development Finance Corporation. M/s ICICI Bank fixed the repayment schedule of the loan in 48 equal month installments (EMIs) of Rs.5765/- starting from 07/05 to 07/05. M/s ICICI Bank disbursed the loan of Rs.234681/- by deducting pre-EMI interest of Rs.319/- from loan amount of Rs.235000/- by way of cheque No.612144, dated 25/03 in favour of M/s HDFC, Visakhapatnam.
In connection to this loan transaction towards security, ICICIHFCL demanded me to deposit the Original Property Documents in respect of property situated at Plot No.41, Netaji Nagar, Bommuru, Rajahmundry – 533101, East Godavari District, Andhra Pradesh. Accordingly I have deposited the following documents after receiving acknowledgement from Shri DVK Madhav, Relationship Officer of ICICIHFCL on 08/09.
(a) Sale Deed No.42/95, Dated 19/05/1995
(b) Link Sale Deed No.7341/83, dated 06/08/1983
(c) Encumbrance Certificate No.493/99, dated 13/04/1999
(d) Encumbrance Certificate No.3541/99, dated 15/04/1999
For initial two years, I have paid loan amount by way of post dated cheques in favour of M/s ICICIHFCL, Visakhapatnam. Later, I was asked to give posted cheques in favour of ICICI Bank Limited (ICICIBL), Visakhapatnam. I have repaid entire loan amount promptly in 48 installments as fixed in the agreement to ICICIHFCL/ICICIBL on 07/04. Then I have demanded the ICICIHFCL/ICICIBL for returning of Original Property Documents. I have sent several reminders to the Bank.
I have filed a case against ICICI Bank Limited in District Consumer Forum, Visakhapatnam and also made an appeal on the verdict of District Consumer Forum in AP State Consumer Disputes Redressal Commission (APSCDRC), Hyderbad. However, ICICI Bank Limited does not bother to comply with the verdict given by APCDRC, Hyderabad. (Copy of judgments of District Forum & APSCDRC are attached herewith)
The matter was also taken up through National Housing Bank, Mumbai for returning the documents by ICICIHFCL/ICICIBL. There was no reply from NHB or ICICIHFCL/ICICIBL till date.
ICICIHFCL/ICICIBL does not furnish details as regarding where, when, how and in which circumstances the original documents are lost/misplaced. Since beginning of informing the non-tractability of documents in ICICIHFCL/ICICIBL is asking me for giving consent for obtaining certified duplicate copies of the documents. If the original documents are destroyed due to the reasons such as fire, floods, etc and cannot be traced back under any circumstances, then the question of certified duplicate copies will arise. If the ICICIHFCL/ICICIBL misplaced the original documents or delivered wrongly to a third party, the question of certified duplicate copies will not arise and the ICICIHFCL/ICICIBL is responsible for locating and delivering the documents to me. For the past four and half years, though the matter was taken up in several ways, but the ICICIHFCL/ICICIBL failed to bring out such reasons for loss/misplacement of original documents and circumstances under which original documents lost/misplaced to the my notice immediately and no supporting evidence like extracts of registers, etc was provided by ICICIHFCL/ICICIBL to me.
If the ICICIHFCL/ICICIBL really misplaced original documents in their office, the ICICIHFCL/ICICIBL could have tracked the same down by obtaining the services of independent professional investigators, like chartered accountants etc. ICICIHFCL/ICICIBL neither made any such efforts in the past three and half years nor provided any evidence to me in respect of such efforts made by the ICICIHFCL/ICICIBL.
As aforesaid, since beginning ICICIHFCL/ICICIBL is showing very much interest to obtain the certified duplicate copies of documents, but does not paying any interest for tracing the original documents. The reason might be that once the original documents are recreated, the ICICIHFCL/ICICIBL may definitely avoid its responsibility of tracing back the original documents and delivery of the same to me as well as the loss that may be caused due to me because of misuse of original documents by third parties. In such circumstances, ICICIHFCL/ICICIBL has to establish by way of report of an independent professional investigator that the all documents in their office are verified and my original documents cannot be traced.
Further the behaviour of ICICIHFCL/ICICIBL not responding to the request of the undersigned to furnish evidence of records maintained for recording the movements of original property documents, etc is giving thought that some fraud is going on.
The original property documents and its original link documents are always essential for any future transaction by me. Whenever I try to transact with the property in any manner, certainly the original documents are very much essential and everybody who wants to transact with I will definitely ask for original documents. The loss of such original documents due to careless and negligence on the part of ICICIHFCL/ICICIBL will not solve the future problems that will arise to me. The certified duplicate copies of documents obtained by the ICICIHFCL/ICICIBL cannot be as good as original documents.
Nobody will come forward to do any transaction with the property without original documents. Even if anybody comes forward for transacting with the property, he will take the undue advantage of non-availability of original documents (or certified duplicate copies) with me by paying lesser value for the property. So the loss of original documents is huge irreparable loss not only to me but also to his heirs or successors.
As you are aware that in Satyam Fraud case from news papers and other media. There may be every chance of misuse of original property documents by the ICICIHFCL/ICICIBL for creating fictitious entries in their books of accounts to show more advances, if ICICIHFCL/ICICIBL are allowed to obtain the certified duplicate copies the property documents without proper reason. In such circumstances, the undersigned may have to face a lot of troubles.
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