KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, VAZHUTHACAD, THIRUVANANTHPAURAM

FIRST APPEAL .355/08

JUDGMENT DATED: 15.9.09

PRESENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SMT.VALSALA SARANGADHARAN            : MEMBER

Niyas Ahammed,                                : APPELLANT

Thoppil House,

Polayathode, Kollam.

(By Adv.C.S.Rajmohan)

                vs.

The Manager,                                  : RESPONDENT 

Muthoot Conventional Gold Loan,

Polayathode, Kollam.

(By Adv.S.M.Rajeevan)

JUDGMENT

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

The appellant is the complainant in CC.23/07  in the file of CDRF, Kollam. The matter relates to the dispute with respect to the  interest charged on pledged ornaments.  The Forum has dismissed the complaint holding that     for the case of pledging only create relationship of creditor and debtor and hence the case is not maintainable.

2. Both sides have admitted that the position highlighted by the Forum is incorrect. It is settled law that the consumer disputes redressal agencies under the Consumer Protection Act has got jurisdiction in the above matters.  In the result order the Forum is set aside.  The matter is remitted back to the Forum.  Forum is directed to adjudicate the matter on merits.

The case stands  posted before the Forum on 2.11.09.

Office is directed to forward the copy of this order to the Forum urgently.

JUSTICE SRI.K.R.UDAYABHANU              : PRESIDENT

SMT.VALSALA SARANGADHARAN            : MEMBER

ps