BRANCH MANAGER CANARA BANK Vs. P SUBBIAN

JUDGEMENT

(1.) The Branch Manager, Canara Bank, Authoor against whom an award has been passed by the District Forum is the appellant. The complainant P. Subbian (respondent herein) pledged his jewels of 106 grams with the opposite party for the loan received by him. He repaid the principal loan amount with interest. But the opposite party did not return the jewels pledged. On 15.2.95 there was an advertisement in a newspaper for auction of the jewels in respect of another agricultural loan received by the complainant from the opposite party on account of which according to the complainant he suffered mental agony and shock. On these grounds the complaint has been filed for a direction to the opposite party for return of the jewels and also to pay damages of Rs.10,000/-.

(2.) The opposite party in its counter contended that the complainant borrowed two agricultural loans from the Bank all repayable in instalments. The complainant did not repay these loan amounts. So the Bank, exercising general lien, retained the jewels of the complainant as security for the said agricultural loans and sold the jewels in public auction on 1.3.95 for Rs.36,500/- and the amount was credited to the agricultural loan account of the complainant.

(3.) The District Forum came to the conclusion that the act of the opposite party in selling the jewels in respect of a loan different from the loan for which the jewels were pledged after 5 years is deficiency in service on the part of the opposite party. On this finding the District Forum directed the opposite party to return the jewels and to pay damages of Rs.1,000/- with costs of Rs.500/-. Against this order the appeal has been filed.