Complainant/petitioner purchased two sites No.50 & 51 in Katha Nos.362/208 & 363/208 respectively by obtaining finance of Rs.6,20,000/- from the respondent. He utilized only Rs.5,50,000/- out of Rs.6,20,000/-. Title Deeds were taken by the respondent towards the collateral security. After clearance of the loan, respondent no.2 asked the petitioner/complainant vide letter dated 13.10.2010 to collect the original Title Deeds from the opposite party no.3 but the same were not returned by the opposite party no.3. Petitioner approached the
-2- respondents/opposite parties and also wrote several letters, but there was no compliance by them. After issuing a legal notice on 10.01.2011 petitioner filed the complaint before the District Forum. District Forum allowed the complaint and directed the respondents to return both the Title Deeds within one month or issue a Certificate to the petitioner that they had received the said Title Deeds and lost them within 45 days and if the opposite parties fail to return the Title Deeds, they shall pay Rs.20,000/- as compensation per Title Deed within 60 days from the date of this order. Rs.20,000/- were awarded as costs. Directions issued by the District Forum read as under: “2. The opposite parties are directed to return the Original Title Deed within 30 days from the date of this order with respect to Plot NO.50, Village Panchayat Khata No.362/208 of Sompura Village Sarjapur Hobli, Anekal Taluk, Bangalore district registered at Sub-Registrar, Anekal Taluk, dated 05.04.2004, S.R./D. No.214/04-05, Book-I, Pages-7. 3. The opposite parties are also directed to return the Original title Deed within 30 days from the date of this order with respect to Plot No.51, Village Panchayat Khata No.363/208 of Sompura Village Sarjapur Hobli, Anekal Taluk, Bangalore district registered at Sub-Registrar, Anekal Taluk, dated 05.04.2004, S.R./D No.214/04-05, Book-I Pages-7. -3- 4. If the Tile Deed/s is/are returned then opposite party shall issue a Certificate to the complainant that they had received the said Title Deeds & los it, within 45 days from today. 5. If the opposite parties fails to return the one or both original Title Deeds stated at Sl.No.2 & 3 then the opposite parties shall have to pay Rs.20,000/- as compensation per title deed which has not been returned within 60 days from the date of this order. 6. The opposite parties have further directed to pay Rs.2,000/- to the complainant towards cost of this litigation. 7. The opposite parties shall send Original Title Deeds, Certificate, Compensation amount and costs by DD directly to the complainant through RPAD and submit the compliance report to this forum within 70 days from the date of this order.” As the documents were not returned even after 30 days, complainant/petitioner filed the appeal before the State Commission seeking enhancement of compensation. State Commission has dismissed the appeal by observing that the petitioner instead of seeking enhancement of compensation should file an application seeking execution of the order. -4- We agree with the view taken by the State Commission. Compensation of Rs.20,000/- for each of the Title Deeds was awarded for the default of returning the documents or giving the Certificate that they had lost the Title Deeds. For this, petitioner is required to approach the executing court for getting either the Title Deeds or the Certificate of having lost the original Title Deeds. The District Forum has not granted any compensation as such. This was granted for committing the default of not returning the document for which the petitioner has to approach the executing court. Dismissed. | 
