JUDGEMENT
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(1.) The Appellant is the opposite party and the Respondent is the
complainant before the District Forum.
(2.) The complainant has approached the District Forum under the following
circumstances:
The complainant has availed two loans bearing Nos.5304 and 5403,
Rs.6500/- and Rs.3660/- respectively, for which he has mortgaged the
agricultural lands belonging to him. He has availed the said loan on
4.4.1975 and 22.7.1975. Due to the certain problems, he was not in a
position to discharge the amounts due, resulting in property was brought
into auction on 25.2.1993. As there was no bidder, the opposite party
themselves took the property in auction for a sum of Rs.32000/-. Later
on, the complainant discharged the entire loan amount and requested the
opposite party to re-convey the properties. The opposite party has
demanded the amount paid by the society in the auction along with the
expenses incurred for the said auction. According to the complainant,
even though the amounts were paid, the opposite party has refused to
re-convey the property and returned the original documents. Hence, the
complaint.
(3.) The opposite party resisted the claim by contending that as per the
instructions of the Head Office the interest has to be charged at the
rate of 17.5% for the entire amount of loan and the complainant has not
paid the interest amount and accordingly re-conveyance was not effected.;
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