M. THANIKACHALAM J. - (1.) The opposite party/ appellant, having suffered an adverse order in the hands of the District Forum, impugned the same, in this appeal.
(2.) The complainant, who is the respondent in this appeal, approached the District Forum, seeking certain reliefs, as if the bank had committed deficiency in service, i.e., though a loan for Rs.1,64,000/- has been sanctioned, which was repayable in EMI at Rs.5606/-, they have not disbursed the amount, whereas they have withdrawn, on four occasions Rs.5606/-, which they are not entitled to do so, that by the said withdrawal illegally, they have not only committed deficiency, but also caused mental agony, for which they are liable to pay a sum of Rs.3 lakhs, by way of compensation, as well for return of documents .
(3.) The opposite party, though served not contested the case, resulting an exparte order on 6.9.2005, wherein a direction has been issued by the District Forum, directing the opposite party to return the documents, such as promissory notes, cheques, in addition to return the unauthorized withdrawal of Rs.22,424/- with 12% interest, alongwith compensation of Rs.1 lakh and cost of Rs.2000/-, which is under challenge.;