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Lt. Col. T.N. Mahajan v/s The Cosmos Co-op. Bank Thru its Assistant General Manager, Deccan Gymkhana, Pune & Another


Company & Directors' Information:- DECCAN INDIA CORPORATION PRIVATE LIMITED [Active] CIN = U74900TG2009PTC064949

Company & Directors' Information:- E-COSMOS (INDIA) PRIVATE LIMITED [Active] CIN = U30007KA2004PTC034007

Company & Directors' Information:- THE COSMOS BANK LIMITED [Active] CIN = U99999MH1933PTC002029

Company & Directors' Information:- DECCAN BANK LTD. [Dissolved] CIN = U99999MH1949PLC007172

    First Appeal No.1610 of 2008 (In Consumer Complaint No.143 of 2007)

    Decided On, 10 June 2009

    At, Maharashtra State Consumer Disputes Redressal Commission Mumbai

    By, SHRI S.R. KHANZODE
    By, HONBLE PRESIDING JUDICIAL MEMBER SMT. S.P. LALE
    By, HONBLE MEMBER

    Mr. Mihir S. Raje, Advocate for the Appellant.



Judgment Text

Oral Order:-


Per Shri S.R. Khanzode, Hon?ble Presiding Judicial Member


This appeal arises out of order/award dated 19/11/2008 passed in consumer complaint No.143/2007 Lt.Col. T.N. Mahajan V/s. The Cosmos Co-op. Bank & Anr. by Addl. District Consumer Forum Pune (?Forum below? in short). This appeal is preferred by org. complainant being not satisfied with the amount of compensation awarded to him along with cost.


Appellant/org. complainant had taken a loan in the year 1993 from the respondent/O.P.-Bank and for which pledged with them original documents of his flat. After repayment of loan in the year 2002, Bank gave a certificate of repayment of loan on 11/10/2002 but, did not return the documents pledged with them. Therefore, alleging deficiency in service on that count, complainant claimed compensation of Rs.1,45,000/- and also a direction to the Bank to return the documents. Complaint was allowed. Documents were directed to be returned within six weeks and a compensation of Rs.10,000/- along with cost of Rs.2,000/- were awarded to the complainant.


We heard Mr.Mihir S. Raje, Advocate for the appellant/org. complainant. Perused the papers.


Forum below observed that complainant did not plead or prove any circumstance which could have justified claim for compensation to the extent of Rs.1,45,000/- and, therefore, was pleased to award token compensation of Rs.10,000/-. Amount of Rs.10,000/- in the given circumstances also cannot be held as a mere token compensation. In the circumstances, the impugned order/award cannot be faulted with. There is no merit in appeal. We hold accordingly and pass the following order:-


Order:

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r /> 1. Appeal stands dismissed in limine. 2. In the given circumstances, there is no order as to costs. 3. Copies of the order be furnished to the parties.
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