Heard learned counsel for  the appellant.

2.              This appeal is  filed  U/S-15 of erstwhile  Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to  with reference to their respective status before the learned District Forum.

3.                   The case     of  complainant, in nutshell   is that the complainant  had availed  the loan from the OP in the year 2003 by executing an agreement  between the parties. It is alleged that the complainant has cleared  the loan amount with interest but not got back the  five post –dated cheques from the OP. Inspite of request the OP did not return same for which the complaint case was filed.

4.            The OP    filed written version alleging  that all the loan amount was cleared by 20.06.2005,  but admittedly  to have received five nos. of post date cheques which are  retain by them at Calcutta. They are ready to return the cheques.  Therefore, they have no deficiency in service on the part of the OP.

5.                       After hearing both the parties, learned District Forum   passed the following order:-

               Xxxx              xxxx              xxxx

                                “ We direct the OP to return the 5 nos. of post-dated cheques of above mentioned to the complainant with compensation and financial loss of Rs.20,000/-(twenty thousand) for harassment and mental agony and with cost of Rs.2,000/- (two thousand) towards litigation cost within a month of time from the date of this order.”

6.                  Learned counsel for the appellant submitted that   they are ready to return the 5 nos. of post date cheques  to the complainant   and submits to reduce the cost and compensation.

  7.               Considered the submission of learned counsel for the appellant,  perused the DFR and impugned order.

8.                       It is admitted fact  that the complainant had availed loan from the OP and the loan has been recovered from the complainant with interest. The complainant deposited 5 nos. of post-date cheques with the OP which are retained by with them. The OP is ready to return  5 nos. of cheques  retained with them. Therefore,  we confirmed the impugned order  by modifying the impugned order by the directing the  OP to return the 5 nos. post dated cheques within a period of 45 days  from the  date of order  and reduce the compensation from  Rs.20,000/-  to Rs.10,000/-  alongwith cost of Rs.2,000/- ,failing which  the entire order passed by the learned District Forum would  remain in force.

                     The appeal is disposed of accordingly.

                      Free copy of the order be supplied to the respective parties or they may download same from the confonet  or webtsite of this  Commission to treat same as copy of order received from this Commission.  

                           DFR be sent back forthwith.