MANAGER HOUSING DEVELOPMENT FINANCE CORPORATION LTD Vs. M.P.BOOMINATHAN
TAMIL NADU STATE CONSUMER DISPUTES REDRESSAL COMMISSION
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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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