Order No.4        Date:03/02/2023

Ld. Advocate for the applicants/opposite parties is present.

Ld. Advocate for the complainant is present.

Misc. Application dated 27/07/2022 is taken up for hearing.

Perused. Considered.

Heard both side.

Ld. Advocate for the opposite parties submits that the complainant has filed CC/111/2021 on the prayer of return of the mortgaged Title Deed of the property. The petitioners/opposite parties submitted the said Title Deed before the Commission and the complainant received said Title Deed from this Commission on submission of proper receipt thereof. Therefore, prayer of CC/111/2021 has already been satisfied. There is no point to proceed with the same any further and the same may be disposed of in limini.

In reply, the Ld. Advocate for the complainant raised strong objection against the prayer of the opposite parties / petitioners. It is stated that after completion of loan in the month of February,2022 by the complainant, the petitioners/opposite parties in spite of several requests did not handover the Title Deed to the complainant. Being harassed, complainant was compelled to file complaint case being CC/111/2021 against the opposite parties. Thereafter, under the direction of the Commission, the opposite parties submitted the Title Deed before the Commission. The complainant received the Title Deed from this Commission but after much harassment caused by the opposite parties. So, the complainant is entitled to get compensation as prayed for. Therefore, the complaint case being no.CC/111/2021 cannot be disposed of at this stage.

On security of the record, we find substance in the submission of the Ld. Advocate for the complainant. Though the complainant has already received the original Title Deed during the pendency of the case but the claim of compensation has not been adjudicated yet.

Therefore, the prayer of the petitioners/opposite parties to dispose of CC/111/2021 is devoid of merit and liable to be rejected.

Hence, it is

                                                O R D E R D

that the Misc. Application be and the same is dismissed on contest without cost.