Complainant/petitioner had taken a loan of Rs.15 Lacs from the respondent for higher education of his daughter by creating an equitable mortgage by depositing the original Title Deed of his house. The loan amount along with interest was re-paid by the petitioner. The respondent did not return the original Title Deed of the house alleging that the same was missing. Petitioner provided stamp papers of Rs.15,000/- to the respondent at the time of creating the -2- mortgage which was returned by the respondent unused. However, the stamp vendor did not take the same back because the time had already expired. Thus, being aggrieved by the acts of respondent, petitioner filed the complaint before the District Forum seeking a direction to the respondent to return the original Title Deed and for compensation for returning of stamp papers after delay. District Forum, after taking into consideration the pleadings as well as the evidence led by the parties, directed the respondent to return the original Title Deed of the house of the complainant; to pay Rs.2,000/- for mental harassment and Rs.1,000/- as costs. Petitioner being aggrieved filed the appeal before the State Commission. The State Commission partly accepted the appeal and modified the order of the District Forum, and directed the respondent to trace the Title Deed within three months, failing which the respondent was directed to pay Rs.25,000/- by way of compensation. The State Commission has recorded a finding that there was certainly some deficiency on the part of the respondent bank in not keeping the documents in proper security because of -3- which, the papers were misplaced. The State Commission also observed that the bank had initiated an official enquiry against the officer who was working as Branch Manager at the relevant time. The petitioner has filed the present petition seeking enhancement of the compensation. We agree with the view taken by the State Commission. The petitioner has been adequately compensated for the deficiency on the part of the respondent. No case for enhancement of compensation is made out. Dismissed. No costs.
......................JASHOK BHANPRESIDENT ......................VINEETA RAIMEMBER | |