LAWS(TNCDRC)-2006-2-1

A YOUNUS Vs. PANDYAN RURAL BANK & ANR

Decided On February 16, 2006
A Younus Appellant
V/S
Pandyan Rural Bank And Anr Respondents

JUDGEMENT

(1.) THE complainant in O.P. No. 56/2000 on the file of the District Consumer Disputes Redressal Forum, Ramanathapuram is the appellant. His case was that he had pledged his jewels weighing 63.500 gms. with the first opposite party and borrowed Rs. 20,000, that the opposite parties without serving any notice on him, had a publication effected in Dinamalar newspaper on 13.8.1998 stating that the jewels were to be put up for auction on 4.9.1998, that the complainant wrote to the second opposite party that the Bank rules and standing instructions had been flouted; that there was no response to this letter, that when he went to the first opposite party Bank on 8.6.2000, he learnt that the jewels had been sold away in auction, that this had been done without notice to him and that in such circumstances, the opposite parties were to pay him Rs. 10,000 towards value of the jewels and Rs. 25,000 towards pain and suffering.

(2.) THE complaint was resisted by the opposite party contending, inter alia that the jewel loan was given to the complainant on his undertaking that he would repay the amount on or before 2.1.1998; that even after publication in 'Dinamalar', he had not cared to visit the Bank, pay the dues and redeem the jewels that there was no deficiency in service and that the complaint was liable to be dismissed.

(3.) BEFORE the District Forum, Ex.Al to Ex. A5 were marked on the side of the complainant and Ex. B1 to Ex. B3 were marked on the side of the Opposite parties.