A. SARADA DEVI Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) These two appeals are disposed of by a common order since both the appeals arise out of the same C.D

(2.) The appeal i.e. F.A.No.252/2009 was filed by the opposite party bank assailing the order of the District Forum directing it to return the title deeds that it came into possession as mortgage security by deposit of title deeds believing the case of the complainants that the debt in respect of which they came to be withheld by the bank had come to be extinguished.

(3.) The facts that led to filing this appeal are briefly as follows The husband of the first complainant and father of complainants 2 to 4 during his life time availed loan from the opposite party bank by depositing the title deeds bearing document No.558/1961 dated 25.3.1961 . Subsequently the said loan amount was disputed and the opposite party filed a civil suit in Additional Chief Judge Court at Secunderabad and it was dismissed. Based on conclusion of the suit, the opposite party ought to have returned the original documents deposited with them but it failed to return the same. It is the case of the complainants that they could not utilize the property for the business or for other useful purposes and also lost income from the said property. The complainants therefore got issued a legal notice dt.10.7.2007 for which the opposite party sent a reply dt. 2.8.2007 informing that they have taken the matter with the concerned authorities and would revert back shortly, but it had not taken any steps in this regard. Hence the complainant filed the claim seeking direction to the opposite party to return the original document bearing document No.558/1961 dt. 25.3.1961 in respect of the premises bearing no. 12-11-526, Warasiguda, Secunderabad, which is in the custody of the opposite party, to award damages of Rs.18 lakhs and to award costs. Opposite party was called absent and was set exparte.