KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU, THIRUVANANTHPAURAM APPEAL NO.911/2003 JUDGMENT DATED: 27.11.2007 PRESENT JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER M/s. South Indian Bank Ltd., Alappuzha Branch-688001. : APPELLANT (By Adv.S.Williams) Vs. Sri.James Francis, Pazhambasseril House, Kanjiramchira, Alappuzha North – 688007. : RESPONDENT JUDGMENT JUSTICE SHRI.K.R.UDAYABHANU: PRESIDENT The appellant is 1st opposite party in OP.192/2002 who is under orders to pay Rs.5000 as compensation, cost of Rs.250/- etc. The grievances of the complaint was that the gold ornaments pledged at the appellant Bank for a sum of Rs.17,250/- by him on 13.10.2000 was sold at auction on 15.4.2002. He had received notice from the bank and he applied on 25.3.02 seeking time of 2 months to clear the dues and redeem the pledged ornaments . He also personally requested the Bank Manager, but the Bank Manager proceeded to conduct the auction. In the meantime the complainant approached the Banking Ombudsman and the Banking Ombudsman as per order dated 11.4.02 advised the complainant to remit a portion of the overdue amount and request for sometime for closing the loan. He
presented the DD for Rs.5000/- on 15.4.02. But the auction was conducted on 15.4.02 itself. The bank sold the ornaments in auction for Rs.26940/-.The evidence adduced consisted to the testimony of PW1 exts.P1 to P12 and RW1 exts.B1 to B6. The order of Banking Ombudsman dated 11.4.02 is as follows: “ However we suggest that you may remit a portion of the over dues and request the bank for some of time for closing the loan which they may consider favourably” Bank authorities exhibited needless hurry to auction the ornaments as rightly found by the forum below. The action on the part of the appellant cannot be justified. Hence we find there is no merit in the appeal. The same is dismissed. JUSTICE SHRI.K.R.UDAYABHANU : PRESIDENT SMT. VALSALA SARANGADHARAN : MEMBER | 
