A.K.ANNAMALAI, J - (1.) The opposite party is the appellant.
(2.) The complainants filed a complaint against the opposite party praying for the directions to return the share amount of Rs.10,510/- with interest at the rate of 18% p.a thereon and to pay a sum of Rs.25,000/- as compensation for the mental agony and hardship.
(3.) The complainants in their complaint alleged that they borrowed a sum of Rs.1,50,000/- from the opposite party co-operative housing society on 19.8.2000 for the purpose of constructing a house. On 18.3.2005 for the complainants repaid a sum of Rs.1,10,711 towards interest and a sum of Rs.12,141/- towards principal amount from and out of the loan obtained form the Indian Bank Srivilliputthur under the schemes of Taken over loan Schemes. Accordingly the complainants paid the loan amount of Rs.1,38,000/- on 18.3.2005 before the opposite party but opposite party refused to receive the said amount. Later the complainants issued a lawyer notice along with the bankers payment order for Rs.1,38,000/- and requested the opposite party to return the original title deeds. Though the opposite party closed the loan account in the pass book on 24.3.2005, yet they had not returned all the relevant documents to the complainants. Therefore the action of the opposite party created deficiency in service which resulted in mental agony and hardship.;