DISTRICT INDUSTRIES CENTRE Vs. SARASWATHI

JUDGEMENT

(1.) The complainant's case is as follows: The complainant, for the purpose of starting a Match Factory, mortgaged her property and raised a sum of Rs.10,000/- as loan. At that time she handed over her original document of title. On 25.2.1994 she discharged the entire amount due, but when she demanded the original title deed, it has not been returned to her. Hence the complaint.

(2.) The opposite party contended that the complainant is not a consumer and there was no service rendered by the opposite party. The opposite party discharges only a statutory function. Since the complainant's case is that she discharged the loan on 25.2.1994, the cause of action arose on the same day and, therefore, the complaint is barred by limitation. The other allegations are not true. The complainant is not entitled to any damages. The complainant ought to have discharged the loan in full before 29.3.1991, but she has committed default. No loss has been caused to the complainant. If the complainant had paid the loan in time and applied for the return of the document in time, it would have been returned to her. The receipt has been sent on 19.12.1997 itself. The opposite party has also obtained a registered copy of the sale deed and they are prepared to hand over the same to the complainant.

(3.) The lower Forum accepted the complaint and directed the opposite party to return the original document and pay a sum of Rs.10,000/- as compensation.