M.THANIKACHALAM J. - (1.) The opposite party is the appellant.
(2.) The respondent/complainant, obtained a loan from the opposite party, and at that time he had deposited his documents as collateral security, which was acknowledged by the opposite party on 25.3.2003. In the month of October 2004, when the complainant expressed her willingness to settle the amount, the opposite party informing that the original document is not available, failed to receive the amount, thereby committed deficiency in service, and despite legal notice, the deficiency was not rectified, and therefore a direction should be issued to receive the amount, as well as to handover the document, as on 31.10.2004, in addition claiming a sum of Rs.450000/-, as compensation for mental agony
(3.) The opposite party/appellant, though appeared through counsel, as seen from the order of the District Forum, has not filed any written version. Despite this facts, not even setting the opposite party exparte, a peculiar order was passed, even against the prayer, which reads "The opposite party is directed to handover the documents deposited by the complainant and directed to pay a sum of Rs.450000/- towards compensation for mental agony and hardship suffered by the complainant and to pay a sum of Rs.1000/- towards costs", which is challenged in this appeal, by the opposite party.;