ORDER SRI. K. ANIRUDHAN (MEMBER) ` Smt. Raji Shaji, has filed this complaint before the Forum on 30.12.09 alleging deficiency in service on the part of the opposite party. The allegations of the complainant are as follows:- The opposite party engaged in the business of advancing amounts on security of gold ornaments. On 14.09.07, she has pledged 12gm ornaments (vala, chain) before the opposite party and obtained a sum of Rs. 8000/- (Rupees. Eight thousand only) vide receipt No. 4159874. Due to certain financial difficulties, she could not remit the interest on 13.12.07 which was stipulated in the agreement. The difficulty was in connection with the remittance of her house loan amount payable to the State Bank of Travancore. So she could not remit the amount of interest in time. She had not obtained any intimation regarding the pledge from the opposite party even though she has furnished her Phone No to the opposite party. She had contacted the opposite party with sufficient amount for taking back the pledged ornaments. But the opposite party is intimated her that the account will be settled at the earliest. For this matter, she contacted the opposite party several times. When she contacted the opposite party on October 2009, the opposite party intimated her that the gold ornaments are sold on March 2009 and opposite party collected the receipts from her and score it. She has not obtained the said ornaments from opposite party. There is deficiency in service on the part of the opposite party and she sustained mental agony and financial loss. Hence this complaint seeking relief. 2. Notice issued to the opposite party. They have accepted notice of this Forum on 25.01.10. But they have not appeared before the Forum in order to state the details of the issues involved in this case. Hence considering the absence of the opposite party, they were set ex-parte by this Forum on 22.02.10. 3. Considering the allegations of the complainant this Forum has raised the following issues? 1. Whether there is any deficiency in service and negligence on the part of the opposite party? 2. Whether the complainant is entitled to get back pledged item? 3. Compensation and costs? 4. Issues 1 to 3:- The complainant has filed proof affidavit in support of her case along with the document – Ext. A1 marked. Ext. A1 is the original receipt issued by the opposite party at the time of pledging the gold ornaments before the opposite party. The receipt shows that the complainant had pledged the gold ornaments having 12gm (2 items) for a sum of Rs. 8000/- (Rupees Eight thousand only). The receipt was signed by the opposite party and sealed. The receipt shows the consent of the complainant regarding the terms and conditions and the details of the remittance of the interest. 5. We have verified the document proof affidavit and all other matters in detail. The complainant had pledged the gold ornaments before the opposite party for a sum of Rs. 8000/- (Rupees Eight thousand only). The items are 2 Nos, having 12 gms. It is alleged that she had contacted the opposite party several times for taking the items from them. She could not remit the interest on 13.12.07 and that was due to certain financial difficulties in connection with the repayment of House Loan due to State Bank of Travancore. She had contacted the opposite party on October 2009. At that time the opposite party has intimated her that the gold ornaments are sold on March 2009 itself. The alleged sale was contacted by the opposite party was without any notice or consent of the complainant. It was alleged that the complainant had not obtained any notice phone message or any other intimation regarding the sale of pledged ornaments. The entire action of the opposite party will come under the purview of the grossest deficiency in service and culpable negligence. The opposite party has acted illegally and their action will amounts to unauthorized and arbitrary. It is to be further noted that the opposite party has accepted the notice of this Forum, but they have not cared to appear before the Forum in order to state the reasons for this illegal auction proceedings of the opposite party. This shows the irresponsible attitude of the opposite party in this matter and it will amounts the unfair trade practice and cheating nature of the opposite party. Hence the opposite party is answerable to the complainant. The opposite party has no authority to conduct any auction proceedings without issuing proper notice to the complainant and after giving sufficient time to take back the items. In this case the opposite party has taken arbitrary proceedings in the said auction of the gold ornaments of the complainant. Since there is deficiency in service, negligence on the part of the opposite party, the complainant is entitled to get compensation and cost. Complaint is entitled to get back the gold ornaments from the opposite party. On a perusal of the entire matter of this case we are of view that the allegations raised by the complainant against the opposite party are to be treated as genuine. All the issues are found in favour of the complainant. Hence we are of the view that the complaint is to be allowed. In this result we hereby direct the opposite party to give back the pledged 2 items of gold ornaments having 12gm, after receiving the amount of Rs. 8000/- (Rupees Eight thousand only) together with the reasonable rate of interest from the complainant and we further ordered to pay a sum of Rs. 25000/- (Rupees Twenty five thousand only) to the complainant for her mental agony, pain, sufferings, financial loss and harassment due to the unauthorized and illegal action of the opposite party by way of auction of the gold ornaments of the complainant without any notice or intimation to the complainant, and further pay Rs. 3000/- (Rupees Three thousand only) as cost of this proceedings. We further direct the opposite party to comply the order within the 20 days from the date of receipt of this order. Complaint allowed. Pronounced in open Forum on this the 30th day of March, 2010. Sd/- Sri. K. Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N. Shajitha Beevi Appendix:- Evidence of the complainant:- Ext. A1 - Original Receipt Evidence of the opposite party:- Nil // True Copy // By Order Senior Superintendent To Complainant/Opposite Party/S.F. Typed by:- vo/- Compared by:- | 
