SAROJA Vs. SELVAN

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 18.09.2013 passed by the Tamil Nadu State Consumer Disputes Redressal Commission, Madurai Bench (in short, 'the State Commission') in Appeal No. 557 of 2012 Selvan Vs. Saroja by which, while allowing appeal, order of District Forum allowing complaint was set aside.

(2.) Brief facts of the case are that complainant/petitioner pledged 120 grams of jewels with OP/respondent on 23.11.2004 and availed loan for Rs.65,000/-. Complainant paid Rs.8,000/- on 29.01.2005 and later on paid Rs.30,000/-. As complainant was not in a position to redeem jewels within one year and 7 days, complainant approached OP. Later on, the jewels could not be redeemed, as OP went to overseas countries in search of job. OP returned on 8.10.2010 and complainant approached for redemption and also sent legal notice. Alleging deficiency on the part of OP, complainant filed complaint before District Forum for return of jewels after receiving Rs.93,000/- and also claimed compensation. OP resisted complaint and submitted that complainant pledged 105 grams of jewels instead of 120 grams and further submitted that as complainant did not redeem jewels within time limit of one year and 7 days and inspite of notice dated 15.12.2005, complainant failed to redeem the jewels, they were sold in public auction. It was further submitted that complaint was barred by limitation and prayed for dismissal of complaint. Learned District Forum after hearing both the parties, allowed complaint and directed OP to return 105 grams of jewels after receiving Rs.1,22,000/- from the complainant and further directed to pay Rs.5,000/- as compensation and Rs.1000/- as costs. Appeal filed by the OP was allowed by learned State Commission vide impugned order against which, this revision petition has been filed.

(3.) Heard learned Counsel for the petitioner at admission stage and perused record.