RATHINAVATHI Vs. MANAGER ANDHRA BANK CHENNAI

JUDGEMENT

(1.) The unsuccessful complainant is the appellant. She received a loan of Rs.5,00,000/ from the Andhra Bank, Mowbrays Road Branch, of which the Opposite Party is the Manager, in the 1st week of July, 1990 on the security of production of title deeds. The complainant cleared the entire loan on 26.7.93. Her case is that he asked the Opposite Party to return the title deeds but they would not with some untenable excuses. On these grounds the complaint has been filed for directing the Opposite Party to return the title deeds and also to pay a sum of Rs.25,000/ as damages.

(2.) The Opposite Party contended that M/s. Coastal Leather Crafts Pvt. Ltd. , T. Nagar Branch obtained a loan from the Opposite Party, and the complainant, as a Director therein, executed a general form of guarantee Ex. B 1 dated 7.11.89. The amount borrowed by the Company has not been discharged yet. By virtue of lien under Ex. Blover the security of the title deeds given by the complainant in respect of his individual loan, when the complainant asked for return of the title deeds, they were not returned. Thus there was no deficiency in service on the part of the Opposite Party.

(3.) The District Forum accepted the case of the Opposite Party and dismissed the complaint.