The court's decision was based on the principle that once the entire outstanding amount had been paid, the respondents should cancel the mortgage and issue a 'No Objection Certificate' to the appellant.

ORDER

Noushad Ali, President.—This appeal filed by the complainant can be disposed of in the light of the memo USR No. 838 of 2017 dated 7.6.2017 filed by the respondents/opposite parties.

2. The appellant/complainant, on 31.1.2012 availed loan of a sum of Rs. 12,00,000 from the respondents/opposite parties. The amount was repayable in 36 monthly instalments at the rate of Rs. 49,233. After paying a sum of Rs. 4,43,013, the appellant committed default. At a later point of time he approached the respondents with a request to foreclose the loan amount by offering to pay the entire outstanding amount. As it did not happen, he filed the complaint in question before the Forum with a prayer to direct the respondents to settle his loan account. He also claimed compensation and costs alleging deficiency in service on the part of the respondents.

3. During the pendency of the complaint, the appellant paid a sum of Rs. 15,31,361 which was outstanding as on 13.6.2014. Inasmuch as the entire outstanding amount had been paid, the Forum ought to have directed closure of the account as prayed for by the appellant. However, the-Forum went beyond the scope of the complaint observing that the appellant was still' due a sum of Rs. 85,551 as on 21.4.2015 towards the future penal interest and other expenses. We find that the said observation hat appellant was liable to pay future amounts was unwarranted. When we pointed the same, Mr. K. Rajeswar Rao, learned Counsel appearing for the respondents took time to get instructions. The opposite parties have today filed memo USR No. 838 of 2017 dated 7.6.2017 fairly stating that they are willing to cancel the mortgage without pressing for payment of further amounts from the appellant. We place the memo on record and in terms of the same we close the appeal. We direct that the respondents shall issue to the appellant 'No Objection Certificate' by duly cancelling the mortgage. The appellant shall co-operate with the respondents for due compliance of the procedural formalities.

4. The appeal is disposed of as above. No costs.