CANARA BANK Vs. S BAVASHA

JUDGEMENT

(1.) The Opposite Party appeals.

(2.) The facts relevant for disposing of this appeal are as follows:The Complainant raised a loan from the Opposite Party by pledging his gold jewel on 8.6.92. On 27.11.92 he repaid the principal amount along with interest. He delivered the jewel loan card to the Opposite Party and demanded his gold jewel. The opposite party collected from him the jewel loan card and the receipt for payment of the loan amount for the purpose of return of jewel but later declined to return the jewel. When the complainant issued a lawyer's notice for the return of the jewel he was replied that it can be returned only when the amount due by the two partnership firms in which the complainant is a member is cleared. It was contended by the Opposite Party Bank that it had a general lien on the gold jewel of the complainant. Aggrieved by this course of action of the bank the complainant approached the District Forum for an order to pay a compensation of Rs. 5,000/- for the mental agony and humiliation suffered, to pay interest on Rs. 20,000/- from 1.12.92 till the date of realisation and to return the gold jewel to him.

(3.) The District Forum after hearing both the parties allowed the complaint partly by order dated 11.3.94 directing the opposite party to pay a sum of Rs. 5,000/- as compensation for the mental agony. There is no appeal by the complainant. The appeal is preferred only by the Opposite Party.