C KANDASAMY Vs. URBAN CO-OP BANK

JUDGEMENT

(1.) The complainant in C. O. P. No.25/98 on the file of the District Consumer Disputes Redressal Forum, Villuppuram, is the appellant herein. His complaint was to the following effect: (a) He had pledged his jewels worth Rs.10,000 with the respondent for Rs.3,000. After 1 years after paying interest in a sum of Rs.800 when he went to the opposite party Bank with the principal and interest and asked for redemption, he was told that the jewels had been put up for auction. The complainant thereafter filed a case through free legal aid before the Court and thereafter on advice from his lawyers, he filed the present complaint. The opposite party was liable to return the jewels pledged to it.

(2.) The opposite party resisted the claim contending inter alia as follows: (a) As the complainant did not pay the interest in spite of several notices, there was a notice issued finally on 28.1.1994. On 13.5.1994, the complainant made a payment of Rs.800. A receipt was also given to him. After that as no amount was paid on 23.6.1994, final notice was given. The notice of auction was also published in daily Thanthi dated 28.7.1994. But, even after that, he did not pay the money and under those circumstances, the jewels were put up for auction. It is not correct to say that the complainant had been cheated. The complaint was also barred by limitation.

(3.) On the above pleadings, the following points were raised for determination by the District Forum. (1) Whether there was deficiency in service on the part of the respondent/opposite party? (2) Whether the complaint was entitled to any relief?