By G. Yadunadhan, President:

            The case of the complainants is that opposite parties are conducting chitty and the 1^st complainant was one of the subscriber of the chitty.  At the time of subscription of the chitty, he deposited six cheque leaves, photocopy of the title deeds, tax receipt and two blank stamp paper affixed with Revenue stamp signed by the complainant.  The petitioner was regular in making chitty payment.  On 7.7.2005, petitioner received a notice demanding Rs.37419/- as arrears along with interest and cost of notice.  The same was replied stating that he is liable to pay only Rs.4800/- and demanding back the documents.  The said Rs.4800/- also paid by the complainant, which is entered in the passbook.  The petitioner is not liable to pay any amount to the opposite parties.  Complainant prays to direct the opposite parties to return the documents and to pay a compensation of Rs.25,000/-.

            Opposite parties entered in appearance and filed version stating that an amount of Rs.49,330/- is due and payable by the complainant as on 21.4.2008 and there is no deficiency in service on the part of the opposite parties.

            Complainant was examined as PW1 and Exts. A1 to A5 were marked.  No oral or documentary evidence on the side of the opposite parties.

            By perusing the documents and records, it will be seen that there is no dues by the petitioner to the opposite parties.  Petitioner is paying the instalments regularly without any default.  So petitioner is entitled to get back the documents mentioned in the petition.  No explanation is provided by the opposite parties for the inordinate delay in returning the documents.  Therefore petitioner is entitled to get back the documents mentioned in the petition and also entitled to a compensation of Rs.14000/-.

            In the result petition is allowed and the opposite parties are directed to return the documents mentioned in the petition and also to pay a compensation of Rs.14,000/- to the complainant.  There is no cost as prayed for.

            Pronounced in open Court this the 30^th  day of January 2009.

                                    Sd/-President                                  Sd/-Member

APPENDIX

Documents exhibited for the complainants:

A1            Photocopy of the Passbook issued by the opposite parties.

A2            Photocopy of the registered notice issued by the opposite parties.

A3            Photocopy of the reply to Ext. A2 notice.

A4            Photocopy of the lawyer notice issued by the complainant.

A5        Notice from opposite parties to the complainant.

Documents exhibited for the opposite parties:

Nil.

Witness examined for the complainants:

PW1            Prakasan, S/o. P. Sreedharan Nair, ‘Bindu’, Chevayur, Calicut-17.

Witness examined for the opposite parties:

None.

-/True copy/-

Sd/-President

(Forwarded/By Order)

Senior Superintendent.