By G. Yadunadhan, President:

            The case of the complainant is that complainant had pledged certain gold ornaments before the 1^st opposite party on 24.7.2007.  The pledged articles were 3.7 gms. ring having stones  and one earring having stones for Rs.2400/-.  On 9.11.2006 complainant again pledged 10 gms. of chain with locket for Rs.6500/-.  Complainant used to remit the interest every month.  Thereafter on 13.12.2008, complainant approached the 1^st opposite party to take back the pledged items by paying interest and principal.  That time opposite party told the complainant that they had sold the items in auction.  Complainant approached the opposite party and intimated her willingness to remit the principal and interest for the pledged ornaments.  But they refused to accept it.  Because of the act of the opposite party, complainant was not able to return the gold ornaments of the neighbours and they are under the impression that the complainant misappropriated the ornaments and cheated them.  Therefore complainant is seeking relief against the opposite party to return the pledged ornaments by accepting principal and interest or to pay a sum of Rs.30,000/- along with a compensation of Rs.35,000/-.

            Opposite party 1 and 2 appeared and opposite party No.1 filed version.  Opposite parties denied all the allegations made by the complainant.  The averments that on 13.2.2008 the complainant approached the 1^st opposite party to take back the pledged items by paying interest and principal to the 1^st opposite party are false and baseless.  Complainant approached the 1^st opposite party on 22.2.2008 and gave a slip to the complainant and told her that if payment is made the ornaments will be returned etc. are also baseless.  The complainant pledged gold ornaments weighing 3.7 gms. with 1^st opposite party on 24.7.2006 for Rs.2400/- and another gold ornament weighing 10 gms. on 9.11.2006 for Rs.6500/-.  As the complainant failed to redeem the pledged articles, notices were sent to the complainant by registered post with acknowledgement due on 23.10.2007 and on 21.11.2007 also.  The complainant failed to claim the pledged articles.  The complainant was requested to take back the pledged articles and after giving notice, the pledged articles were sold in public auction.  The amount received from the auction was lesser than the amount due to the opposite party.  Therefore there is no cause of action arose as alleged.  Hence complaint may be dismissed with cost.

            Point for consideration:  Whether any deficiency occurred on the part of the opposite parties?

            Complainant was examined as PW1 and Exts. A1 to A4 were marked on the side of the complainant.  Opposite party was examined as RW1 and Ext. B1 was marked on the side of the opposite parties.

            While examining the complainant as PW1, she deposed that certain items of gold ornaments were pledged with the 1^st opposite party.  The pledged articles were 3.7 gms. of one ring having stones and 1 ear ring having stones for Rs.2400/- on 24.7.2006.  Again 10 gms. of chain with locket were pledged for Rs.6500/- on 9.11.2006.  Ext. A1 and A2 document show that the complainant has pledged gold ornaments with the opposite party.  Ext. A3 is the lawyer notice sent by the complainant to the opposite party showing her willingness to remit the dues.  But opposite party has not sent any reply to this lawyer notice so far.  Ext. A1 not clear that the payment mode of interest is within 3 months.  Ext. A1 is the receipt issued by the opposite party on 9.11.2006.  A condition was affixed in this receipt that interest has to be paid without fail before 8.2.2006.  It was not properly explained whether the interest has to pay within three months or within one year.  That benefit goes to the complainant. Moreover, Ext. B1 document shows only the acknowledgement of the letter.  The content of the letter or office copy of the letter was not produced.  Without producing the copy of the letter, Ext. B1 alone is not believable.  So  opposite party miserably failed to prove their case.  In other hand, complainant produced Ext. A1 to A4 to prove her case.  Admittedly complainant is not claiming the entire dues already been paid.  The only dispute is regarding the interest.  Under these circumstances, opposite parties are directed to return the pledged ornaments to the complainant after receiving the principal amount of Rs.8900/- along with 12% interest till filing of the complaint.

            Therefore the petition is allowed and the opposite party No.1 is directed to return the pledged ornaments after receiving the principal amount of Rs.8900/- with interest @ 12% till 5.9.2008, i.e.till the date of filing the complaint.  Comply the order within one month from the date of receipt of the copy of this order.

            Pronounced in open Court this the 31^st day of July 2009.

                                    Sd/-President                           Sd/-Member

APPENDIX

Documents exhibited for the complainant:

A1        Receipt showing pledging of gold ornament with O.P. on 9.11.2006.

A2        Receipt showing pledging of gold ornament with O.P. on 24.7.2006.

A3        Copy of lawyer notice sent by the complainant.

A4        Postal acknowledgement card.

Documents exhibited for the opposite parties:

B1         Postal acknowledgement card.

Witness examined for the complainant:

PW1     Sheela.T., D/o. Balan, Maluvihar, 6^th gate,Nadakkave – complainant.

Witness examined for the opposite parties:

RW1     Bhavitha, D/o. Parichakutty, Puthuppurambath House, Chelannur.

-/True copy/-

Sd/-President

(Forwarded/by Order)

Senior Superintendent.