KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 42/2011

 JUDGMENT DATED:22-01-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI. S. CHANDRAMOHAN NAIR                  : MEMBER

Kannur District Co-operative Bank Ltd.,

R/by its General Manager-in-charge,                : APPELLANT

Kannur.

(By Adv.Sri.P.Narayanan)

          Vs.

Smt.M.Rekha,

Sree Mangalam,                                                 : RESPONDENT

Kavumbhagam, Thalassery.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

Appellant is the opposite party/Co-operative Bank in CC.259/09 of CDRF, Kannur.  The appellants are under orders to pay a sum of Rs.10,000/- as compensation.

2.      It is the case of the complainant that she pledged gold ornaments weighing 46.5 gms with opposite party on 15/7/2008 and a sum of Rs.40,000/- was received as loan amount.   It is her case that the complainant was asked to sign in a blank application form which was filled up by the office staff.  Later that the address etc of the complainant was taken down by the staff of the bank.  Subsequently when she enquired it was told that the ornaments have been sold in auction.  She has not received notices allegedly sent.  The ornaments were gifted by her father and hence there was sentimental value.

3.      The opposite parties have contended that it is after taking down the address of the complainant that the form was signed by the complainant.  It is contended that 2 notices were sent in the address given by the complainant, but the same were returned unserved.  Paper publication was also made.   The loan was for a period of 3 months.

4.      Evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 to A3 and B1 to B5.

5.      The Forum has observed that in the publication, it is only the number of the loan that was published.   The same would indicate that the name and address of the complainant was not published.  Hence evidently nobody would have noticed the intimation as to the impending auction.  It the name of the complainant was published at least some of the well wishers would have noticed the same if not the complainant.  In view of the fact that complainant is a local resident and in view of the fact that the loan is only for a period of 3 months and that the auction has been held within a period of 8 months it appears to us that the appellant ought not have been in such a hurry to sell away ornaments especially in view of the fact that the price of the gold is always on the ascend.  In the circumstances we find there is no illegality in the order of the Forum.  There is no scope for admitting the appeal.

In the result the appeal is dismissed in-limine.

Office will forward copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.