A.K.ANNAMALAI J. - (1.) The opposite party is the appellant.
(2.) The complainants/respondents filed a complaint before the District Forum, seeking the relief to return the title deeds to the complainant and award Rs.4,00,000/- towards compensation to the complainant for mental agony and for cost.
(3.) The complainants have availed a housing loan of Rs.2,00,000/- from the opposite party on 6.2.99 and was not in a position to pay the dues regularly in time and thereby a notice was issued by the opposite party for repayment of dues otherwise to hand over for the possession of mortgaged property. Since the complainant could not mobilize the fund in time, when they approached the opposite party they advised the complainants to pay the amount due in the no lien account and accordingly they had paid the sum of Rs.2,67,500/- on 26.12.02 and another sum of Rs.7016/- on 26.12.02 under the no lien account. The complainant settled the entire loan and when they asked for return of documents the opposite party refused the same and demanded Rs.21,840.75 towards the legal charges which they have spent to file the suit before the Sub Court, Dharmapuri. But the complainants came to know, that no such suit was filed till date event though earlier filing of plaint was returned by the Court for certain defect and was not represented. Hence petitioners need not pay any legal charges and thereby the opposite party had deficiency of service.;