JOINT REGISTRAR OF MANAGING DIRECTOR Vs. ANADULA ANASUYA

JUDGEMENT

(1.) The appellants are the opposite parties 3 and 4 in CD 117/2004 before the District Forum, Khammam against whom an order was passed directing opposite parties 1 to 4 with joint and several liability to return the title deeds to the complainant after canceling the mortgage bond. Aggrieved by the impugned order this appeal is filed questioning the legality and propriety of it.

(2.) The facts of the case are that the complainant is a member of Sri Lashmi House Building Cooperative Society Limited, Khammam, who is OP 1. The complainant deposited Rs.5000/- as her share capital in the said society. Thereafter, the complainant had taken house building loan of Rs.60,000/- for construction of a building. Subsequently, the complainant had repaid the loan instalments including interest to a tune of Rs.1,56,140/- commencing from 4.2.1988 up to 11.5.1996. That on 7.10.93, OP 1 sent a circular to the complainant to remit a sum of Rs. 13,424/- towards the balance of the house building loan amount. So also received a notice from OP 3 dated 1.4.2000 directing the complainant to pay Rs.17,866.48 due towards arrears of the building loan. Final notice dt.18.08.2004 was also served on the complainant to pay a sum of Rs.21,462/- including Rs.19,272/- with interest and also another sum of Rs.1658.88 towards penal interest. In spite of repayment of the entire loan amount, the complainant was surprised to receive the demand as if the loan is outstanding. The complainant sent reply dt.13.09.2004 to the OPs informing that the entire loan amount was discharged and that they may verify the accounts so also asked for refund Rs.17,296/- inclusive of share capital of Rs. 5000/- pain in excess . Though notices were served the respondents 1 to 3 failed to give any response. Therefore prayed to direct the respondents to pay the amount due and also to return the title deed which was deposited as security for repayment of the loan amount. On behalf of OP. 1 the advocate filed vakalat and thereafter sufficient time was taken for fling counter but no counter was filed.

(3.) OP 2 appeared in person and filed counter stating that he contested the elections of Sri Laxmi House Building Society which was held on 14.9.2002 After election of the said society he ceased to act as person in-charge. So also that he is not custodian of any of the records.