23-09-14 –     1.   This appeal was filed on 01.07.2014 with limitation petition. On 25.07.14 in the absence of the appellant, appearing in person, notice was issued to the respondents in limitation and admission matter. Requisites were to be filed within two weeks. Thereafter, the case was taken up on 09.09.14 on which date also neither anybody appeared for the appellant nor the said order dated 25.08.14 was complied.  However, two weeks final time was allowed to comply with the same, failing which, it was ordered that this appeal will be dismissed for non-prosecution on the next date/ex-parte order may be passed.  Today also the appellant or his representative is absent. The aforesaid orders dated 25.07.14 and 09.09.14. have not been complied. 

2.       We looked into the merits.   The Complainant/Appellant filed this Complaint Case against the Bank/Respondent for release of the Registered sale deed, deposited by her mother Badami Devi for creation of equitable mortgage, on account of closure of the loan account.   He also prayed for compensation and litigation cost for alleged deficiency in service.

3.       According to the Bank, the Complainant or her mother never approached the Bank for release of the sale deed in question.

4.       In the circumstances, learned Lower Forum directed in the Bank to give those original documents (sale deed) to the Complainant, or Smt. Badami Devi, within a month of the order after proper identification and verification. 

5.       In this appeal, the appellant has alleged that the Bank has not complied with the said order.  He has also claimed compensation and litigation costs.

6.       Nothing has been brought on record to show that the Complainant or Badami Devi approached the Bank for release of sale deed, but the Bank did not release it.  Further, if the Bank did not release it inspite of approach, the Complainant had remedy by way of execution.

7.       In the circumstances, even if the delay of about three months in filing this appeal is ignored, we find no merit in this appeal. 

With these observations, this appeal is dismissed.

          Issue free copy of this order to all concerned for information and needful.

Ranchi,    

Dated: 23.09.2014