BANK OF INDIA Vs. PRAMILABAI BHAURAOJI BHADGARE

JUDGEMENT

(1.) This Revision Petition is directed against the Order dated 15.3.1995 of the Maharashtra State Commission at Bombay directing the Bank of India appellant herein to release the bangles of the complainant.

(2.) The facts lie in a narrow compass and may be noticed. The complainant had availed a jewel loan of Rs. 6,800/- on 14.7.1988 by pledging as security her gold bangles owned by her by way of 'Stridhan'. It was alleged that the complainant re-paid the amount of loan finally on 21.5.1992 by making the balance payment of Rs. 3,738/ - and requested the return of those bangles. The complainant alleged that the Bank had not returned the gold ornaments to her and therefore, she filed the complaint seeking return of the gold bangles besides compensation and expenses.

(3.) The Bank in its version claimed lien on the gold ornaments under General Law as well as under the Agreement of Pledge for any other moneys which may be due at any time from the borrower to the Bank whether singly or jointly with others and that in addition to any general lien or similar right to which the Bank is entitled by law. It was the case of the Bank that the complainant's husband had availed cash credit facility for his business and there was an outstanding of Rs. 41,431.78/- in the account for which a civil suit bearing No. 48/88 had been filed before the Civil Judge, Senior Division, Chandrapur that as the complainant's husband died, she and her son had been made parties to the said suit and that the complainant had been impleaded in the said suit by virtue of being legal heir of the deceased husband and therefore as the gold bangles were to be held as collateral security for the dues outstanding in the account of the husband of the complainant, the Bank refused to deliver the same to the complainant.