By G. Yadunadhan, President:<br /> <br /> The case of the complainant is that on 25.9.2004, he pledged 19 gm. of gold ornaments to the opposite party’s bank for an amount of Rs.8000/. After a lapse of one year, complainant approached the opposite party and requested to give back the ornaments already pledged as per Gold Loan No.B-3535. Complainant was ready to pay the principal amount along with interest. On 3.8.2006, complainant sent a D.D. for a total amount of Rs.14250/- to the opposite party, towards the gold loan amount of Rs.8000/- taken as per gold loan No.B.3535 and Rs.3000/- taken as gold loan No.B.7047 along with the interest of Rs.3250/-. That amount was not received by the opposite party and they are not ready to give the pledged ornaments. Therefore, complainant seeking relief against the opposite party that the ornaments, which is pledged before the opposite party has to be given back and a direction may be given to opposite party to pay a compensation of Rs.5000/-.<br /> <br /> Opposite party after duly serving notice, called absent and set exparte. Complainant filed affidavit and Ext. A1 to A8 were marked.<br /> <br /> From the affidavit and Ext. A1 to A8 complainant’s case is proved. Complainant has no case that he approached the opposite party within the stipulated time of one year. He demanded the pledged ornaments after lapse of one year. Even though the fact is like that, opposite party should serve notice to the complainant before conducting auction. This was not done in this case. No documents produced to show that opposite party conducted auction after complying all the formalities. <br /> <br /> Hence petition is allowed. Opposite party is directed to give back the gold ornaments pledged as per Gold loan No.B-3535 and B.7047 to the complainant, after receiving the amount of Rs.14250/- and also complainant shall pay 12% interest, in addition to the above mentioned amount from 3.8.2006 to till this order. No cost is ordered.<br /> <br /> Pronounced in open Court this the 12th day of November 2008.<br /> <br /> Sd/-President Sd/-Member<br /> <br /> <br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the complainant:<br /> <br /> A1 Photocopy of Gold loan No.3535 dated 25.9.04 for Rs.8000/-.<br /> A2 Photocopy of D.D. No.791423 for Rs.14255/-.<br /> A3 Photocopy of the Professional Couriers receipt.<br /> A4 Photocopy of the letter dated 4.8.2006 sent by the Complainant to O.P.<br /> A5 Photocopy of the lawyer notice.<br /> A6 Photocopy of the registered postal receipt.<br /> A7 Photocopy of the postal acknowledgement card.<br /> A8 Photocopy of the reply notice to A5 lawyer notice.<br /> <br /> Documents exhibited for the opposite party:<br /> <br /> Ni.<br /> <br /> -/True copy/-<br /> <br /> Sd/-President<br /> <br /> (Forwarded/By Order)<br /> <br /> <br /> <br /> Senior Superintendent.<br />