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:-
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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.