STATE BANK OF INDIA Vs. ANANDA MOHAN SAHA

JUDGEMENT

(1.) This Revision Petition is directed against the order dated 5.8.1996 passed by the State Consumer Disputes Redressal Commission, allowing the complaint filed by the respondent in this revision petition. The facts of the case out of which the present controversy has arisen, may be summarised as under :

(2.) THE respondent in this revision petition was the complainant before the District Forum. The case pleaded by the respondent was that he took a gold loan of Rs. 17,000/ - by pawning his wife's gold ornaments weighing 159.500 grams under a gold loan account. The loan was repaid with interest amounting to Rs. 37,680.39 by instalments, the last instalment being paid on 5.12.1986. After the repayment of the loan, the respondent approached the Bank for return of his ornaments but the Bank refused to oblige him on the plea that he had outstanding loan against a Cash Credit Account maintained by him in the name of his firm M/s. Mousumi Silk Screen Printers. The Bank claimed that the gold ornaments which were pledged to it were retained as a security for the outstanding loan of the firm of which the respondent was the proprietor. The claim was set up under the principle of banker's lien. Despite various requests, the gold ornaments were not returned and finally on 6.5.1987 the Bank wrote to the respondent that the ornaments would not be returned as the same was treated as collateral security against the cash credit account. In these premises the respondent was compelled to file a complaint before the District Forum for the return of the gold ornaments. It may he stated that the petitioner -Bank with whom the ornaments were, had filed a suit against the respondent in the City Civil Court, Calcutta, for declaration and enforcement of hypothecation, charge, recovery of money lent and advanced with interest and cost and the sale of the hypothecated goods. Notice of the suit was served on the respondent on 19.5.1989 wherein it was mentioned that an ex -parte order of injunction was granted by the Court in that suit restraining the respondent from claiming return of the gold ornaments. The application under Order 39, Rules 1 and 2 of the Civil Procedure Code was heard and decided by the Court by order dated 29th August, 1995 by which the application was dismissed and stay was vacated. The Bank had also filed an application for attachment of the ornaments under Order 38, Rule 5. The City Civil Court by order dated 25th May, 1993 dismissed the application. The Bank took up the matter by a petition to the High Court of Calcutta but without success and the High Court dismissed the petition.

(3.) AGGRIEVED by the order of the District Forum the respondent -complainant approached the State Consumer Disputes Redressal Commission, West Bengal by way of an appeal. By order dated 5th August, 1996, the appeal was allowed and the order of the District Forum was set aside and the claim of the complainant for return of the ornaments was upheld.