M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) The 1st complainant had pledged an RBI Tax free relief bond, held by the 2nd complainant, with the 3rd opposite party, marketing division of the 1st and 2nd opposite party, and obtained a loan of Rs.80000/-. The complainants have repaid the entire loan, and requested to return the RBI original bond pledged, but till date they have not returned, thereby committed deficiency, causing mental agony and hardship, to the complainant. A legal notice also failed to bring back the bond, since the opposite parties have no right to hold back the bond pledged, the fact being the loan was discharged. Hence a direction has to be issued against the opposite parties to return the RBI relief bond, to the complainant, alongwith interest for the delayed period of 7 months, and pay a compensation of Rs.1 lakh, for mental agony. Hence the complaint.
(3.) The opposite parties, not challenging the pledge of the bond, resisted the case contending, that the bonds were returned to the 2nd complainant by express courier, on 23.12.2005, that the complaint is not maintainable in the absence of express courier, as party, praying for the dismissal of the complaint.;