ALFRED BENEDICT Vs. MANIPAL HOSPITAL

JUDGEMENT

(1.) PETITIONER was the opposite party before the District Forum, where the complainant filed a complaint alleging deficiency in service.

(2.) VERY briefly the facts leading to filing the complaint were that the complainant had stood as a guarantor in respect of a loan given to one Pawan Construction and Cement (P) Ltd. , for which he had also pledged FDR of Rs. 60,000 maturing on 3. 10. 98. It was the case of the complainant that even after the total amount of Rs. 10. 5 lakh was paid by the borrower, namely, Pawan Construction and Cement (P) Ltd. , yet the appellant Bank while returned the mortgage documents but the FDR amount was not released in favour of the respondent / complainant, hence a complaint was filed before the District Forum.

(3.) SINCE the petitioner did not appear before the District Forum, an ex parte order was passed allowing the complaint and directing the petitioner to pay a sum of Rs. 5,166 along with interest @12% p. a. as also compensation of Rs. 1,000 for mental agony and cost of Rs. 500. Not satisfied with this relief, an appeal was filed by the respondent before the State Commission, who allowed the appeal and directed the petitioner to pay Rs. 69,490 along with interest @ 10% p. a. from the date of the order along with cost of Rs. 5,000. Aggrieved by this order this revision petition has been filed before us.