Complainant/petitioner took a loan from the respondent and deposited the following four documents by way of security: -2- 1) Original parent document Doc. No.122498, 739/94, 1034/95, 1991/02 and 849/95 2) Parent Document Copy 3) Encumbrance Certificate 4) Original Gift Deed dated 12.09.2002 Doc. No.1711/02 favouring Sasireka In October 2004, petitioner expressed her desire to settle the Account on paying the entire amount and subject to issuing of No Due Certificate and return of the original documents. Respondent after verifying the records stated that the documents had been misplaced and wanted some to search the same and handover it back to the complainant/petitioner. In spite of repeated efforts made in several ways, the documents were not returned. Being aggrieved, petitioner filed the complaint before the District Forum. Opposite party/respondent did not file the written statement. Since the allegations made in the complaint by the petitioner remained unrebutted, District Forum allowed the complaint and directed the respondent to hand over the original documents deposited by the complainant/petitioner and to pay a
-3- sum of Rs.4,50,000/- towards compensation. Rs.1,000/- were awarded by way of costs. The awarded amount was directed to be paid within six weeks failing which the amount was to carry interest @ 9% p.a. Respondent being aggrieved filed an appeal before the State Commission. State Commission allowed the appeal, set aside the order of the District Forum and dismissed the compliant. Case of the respondent was that the documents had never been handed over to the respondent. State Commission did not record any finding as to whether the petitioner had handed over the documents to the respondent, or not, and if handed over, whether the documents had been returned by the respondent to the petitioner/complainant. On 16.07.2012, counsel for the respondent took time to seek instructions as to whether the respondent was prepared to accept the loan amount as it stood in October 2004 and give Indemnity Bond regarding the lost documents. -4- Counsel for the petitioner had put on record typed copy of the application forwarding the following four documents to the respondent: 5) Original parent document Doc. No.122498, 739/94, 1034/95, 1991/02 and 849/95 6) Parent Document Copy 7) Encumbrance Certificate 8) Original Gift Deed dated 12.09.2002 Doc. No.1711/02 favouring Sasireka Counsel for the petitioner had produced the photocopy of the application which showed that these documents were received by the respondent by putting stamp and acknowledging the same. Counsel for the petitioner was directed to put on record the photocopy of the Annexure P-1. Original of this application was put on record before the State Commission. Case was adjourned to 06.12.2012. On 06.12.2012, counsel for the respondent stated before us that the respondent was prepared to accept the loan amount as it stood in October 2004. Regarding Indemnity Bond he sought another opportunity to seek instructions. Case was adjourned for today. -5- Counsel for the respondent, after taking instructions, states that the respondent is prepared to accept the loan amount as it stood in October 2004 and give Indemnity Bond in terms of Draft Indemnity Bond produced in court today. Draft Indemnity Bond is taken on record. Copy of the same has been given to the counsel for the petitioner as well. Counsel for the petitioner states that the same is acceptable. A settlement has been arrived at between the parties. Counsel for the petitioner states that the petitioner shall pay the loan amount as it stood in October 2004, to the respondent within one month from today. Counsel for the respondent states that the respondent within a week of realization of the loan amount shall execute and deliver the Indemnity Bond, the draft of which has been given to the counsel for the petitioner and copy of which has been produced before us also. Petitioner is directed to pay the loan amount as it stood in October 2004 to the respondent on or before 01.06.2013. -6- Respondent within a week of realization of the loan amount, shall execute and deliver the Indemnity Bond in terms of the Draft Indemnity Bond produced before us and No Due Certificate to the complainant/petitioner. Revision petition stands disposed of in terms of agreement arrived at. | 
