M.THANIKACHALAM, J. - (1.) The opposite parties are the appellants.
(2.) The complainant/ respondent, obtained a housing loan of RS.3 lakhs, from the 1st opposite party, by depositing his title deed, as well as executing a mortgage deed, having SB Account No.12462. The complainant has paid the entire loan amount, for which no due certificate was also issued. But despite repeated request, demand and notice, the opposite parties have failed to handover the original documents, as well as failed to cancel the mortgage deed, thereby caused mental agony, committing deficiency in service, for which there should be direction to return the original document, as well as to cancel the mortgage deed, with compensation of Rs.4.5 lakhs.
(3.) The opposite parties admitting the sanctioning of the loan, deposit of title deed, registration of mortgage deed, opposed the claim contending that the original document was misplaced and they are tracing out the same, and however willing to issue no due certificate, regarding the loan as well as willing to get certified copy of the original document, at their cost, and as such since they have not committed any deficiency in service, they are not liable to pay compensation or they are not in a position to return the original document, seeking dismissal of the complaint.;