MANAGER HOUSING DEVELOPMENT FINANCE CORPORATION LTD Vs. M.P.BOOMINATHAN
LAWS(TNCDRC)-2008-4-21
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Decided on April 04,2008

Appellant
VERSUS
Respondents

JUDGEMENT

K.SAMPATH, J. - (1.) The 1st opposite party bank that remained absent and was set ex-parte before the District Forum is the appellant herein. The short point necessary for the disposal of the appeal are as under:- (a) The complainant had borrowed a loan from the 1st opposite party. He wanted it to be transferred to the 2nd opposite party. The 2nd opposite party paid the entire amount due from the complainant to opposite party No.1. The 2nd opposite party returned all the documents deposited by the complainant barring one namely original deed of declaration to the complainant to be deposited with opposite party No.2. According to the complainant, the 2nd opposite party reduced the loan amount as the 1st opposite party had not returned the original declaration deed. As already noted, the 1st opposite party was called absent and was set ex-parte. It was conceded in the reply notice ExA6 that they had returned all the documents mentioned in para 3 of the complaint except the original deed of declaration and that the original deed of declaration was missing.
(2.) The District Forum directed the 1st opposite party to pay Rs.5,000/- towards loss of original deed of declaration together with a sum of Rs.5,000/- towards deficiency in service mental agony etc., and Rs.1,000/- towards costs.
(3.) In our view, though the 1st opposite party was absent and was set ex-parte, it is not necessary to send back the case for consideration afresh after permitting opposite party No.1 to file their version and contest the case as their stand is clearly known that they had lost or misplaced the deed of declaration. In view of that, we do not find any merit whatsoever in the appeal.;


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