Petitioner, Chhattisgarh Rajya Awas Sangh Ltd., is the apex housing federation, which provides housing loan to the primary Co-operative housing societies and their members.

          Complainant/Respondent No.1 is a member of Sunder Nagar Grih Nirman Sahkari Samiti Ltd. – Respondent No.2.  Earlier to her, her husband, Dr.R.P. Choudhary, was the Member of the Society and after his death, complainant/respondent No.1 became the member of the society as per provisions of the Hindu Succession Act.  Dr.Choudhary, the deceased husband of the complainant, took a loan of Rs.50,000/- from Respondent No.2 through the petitioner.  He deposited the title documents of his immovable property with Respondent No.2 by way of security for the aforesaid loan.  Dr.Choudhary, husband of the complainant, had deposited the entire amount payable by him to the Respondent No.2 society and, Respondent No.2 had issued a ‘No Dues Certificate’.  Despite repayment of the entire loan to Respondent No.2, the title documents were not returned to the complainant.  Aggrieved by this, the complainant filed a complaint before the District Forum.

          Respondent No.2, in spite of service, did not put in appearance before the District Forum and was proceeded ex parte.  Petitioner, who was opposite party No.2, filed written statement and admitted the fact that the repayment of the amount by the complainant to Respondent No.2 - Sunder Nagar Grih Nirman Sahkari Samiti Ltd., which had issued the ‘No Dues Certificate’; that since money was not remitted by Sunder Nagar Grih Nirman Sahkari Samiti Ltd. to the petitioner, the title documents deposited by the complainant were not returned; that the petitioner was entitled to recover the amount together with interest as well as penal interest amounting to Rs.5,30,207/- from Respondent No.2. 

District Forum, vide its order dated 29.11.2004, dismissed the complaint.  Being aggrieved, complainant filed an appeal before the State Commission, which has been allowed by the impugned order. 

          State Commission, in its order, has recorded a finding that the petitioner had failed to produce the tripartite agreement entered into between the parties.  The facts were not in dispute to the effect that the husband of the complainant had taken the loan from Respondent No.2 – Sunder Nagar Grih Nirman Sahkari Samiti Ltd. and repaid the same to it.  Respondent No.2 had given ‘No Dues Certificate’.  Petitioner is the apex body whereas Respondent No.2 is a primary unit.  The dispute in the present case is between the petitioner and Respondent No.2, who did not remit the amount to the petitioner.   It was held that the petitioner was not entitled to retain the title documents.  On the basis of these findings, the State Commission allowed the appeal and directed the petitioner to return the documents of title.  Rs.10,000/- were awarded by way of compensation along with interest at the rate of 10% per annum from the date of filing of the complaint till its realization within one month from the date of passing of the order, failing which interest at the rate of 15% was to be paid on the said amount.  Costs were quantified at Rs.20,000/-.

          We have heard the counsel for the parties.

          Facts are not in dispute.  Complainant had taken loan from Respondent No.2 - Sunder Nagar Grih Nirman Sahkari Samiti Ltd. and paid the same to Respondent No.2 and obtained ‘No Dues Certificate’.  Respondent No.2 did not remit the amount to the petitioner.  Non-remittance of amount by Respondent No.2 to the petitioner is inter se dispute between the petitioner and Respondent No.2.  So far as the complainant is concerned, he had repaid the loan amount taken by him.  On repayment, the complainant was entitled to get back the documents of title deposited by him by way of security with the petitioner.

          State Commission, while allowing the appeal directed the petitioner to return the title documents along with compensation of Rs.10,000/- within one month failing which it was to carry interest at the rate of 15% along with costs of Rs.2,000/-.  Counsel for the petitioner prays that the interest granted by the State Commission on the amount of compensation be waived or reduced substantially.  We find substance in this submission and, accordingly, we modify the order of the State Commission and reduce the rate of interest from 15% to 6% per annum. 

Petitioner is directed to return the title documents within 4 weeks along with the sum of Rs.10,000/- with interest at the rate of 6% per annum and costs of Rs.2,000/- awarded by the State Commission, failing which, the order of the State Commission granting interest at the rate of 15% per annum on the sum of Rs.10,000/- shall get revived.

Revision Petition stands disposed of in above terms.