1. JIMMY KORAH 2. K.Anirudhan 3. Smt;Shajitha Beevi
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
SRI. K.ANIRUDHAN (MEMBER) Sri. Sasikumar has filed this complaint before the Forum alleging deficiency in service on the part of the opposite parties Proprietor and Manager, Kannattu Financiers, H.O., Chengannur. The contentions of the complaint is that, he and his wife had pledged certain gold items before the opposite parties as per Receipt No. 32903 on 16-12-2006, Receipt No. 33922 on 19-02-2007 and Receipt No. 34056 on 26-02-2007. The above said pledge are effected by the complaint on the basis of the rate of interest of 85 paise for Rs. 100/-. But at the time of contacting the opposite parties for taking the pledge item, the opposite parties informed the complainant that the complainant has to remit at the rate of 3% for Rs. 100/- for taking the items. Since the rate of interest are exorbitant, the complainant could not take back the pledge items. Since there was no positive steps on the part of the opposite parties, the complainant filed this complaint for an order to get back the items after remitting a reasonable rate of interest and other relief. 2. Notices were issued to the opposite party. They entered appearance and filed version. In the version, they have denied the charges leveled against them. The opposite parties have stated that the complainant has not taken any earnest effort to collect the items after remitting the rate of interest. The opposite parties have denied the allegation that they have demanded exorbitant rate of interest. It is further stated that at the time of pledging the items they had fully explained to the complainant regarding the rate of interest and other terms and conditions of the pledge. It is stated that they had furnished the details to the complainant regarding the auction of items in case of default at the time of pledging the items. It is further contended that there is no deficiency in service on the part of the opposite party. 3. Considering the contentions of the opposite parties, this Forum has raised the following issues:- 1) Whether there is any deficiency in service on the part of the opposite parties? 2) Costs and compensation 4. Issues 1 and 2: - On the side of the complainant, he has filed proof affidavit and produced one document marked as Ext. A1 series 5 numbers. These are the documents issued by the opposite parties to the complaint. These documents shows the A/c Nos. Gold Loan Nos. 34056, 33922 together with the direction of the opposite parties to the complainant to remit the interest or take back the items from them. All the documents are silent with regard to the rate of interest charged by the opposite parties. Opposite parties also not produced any document to show that they are charging a particular rate of interest. The main contention of the complainant is that he could not take back the gold ornaments from the opposite party in time due to the opposite parties demand for exorbitant rate of interest. In this respect the contentions of the complainant is to be taken into account as a genuine ground for this complaint. Taking the various aspects of this case, we are of the view that the complainants grievances are genuine and he has a prima facie case against the opposite party. The objection raised by the opposite parties cannot be taken into valid ground for denial of release of gold ornaments. Due to the demand of the exorbitant rate of interest, the complainant could not take back the ornaments in time. This action of the opposite parties will amounts to deficiency in service and the opposite parties are answerable to the complainant. The issues are found in favour of the complainant. 5. In the result, we hereby direct the opposite parties to release the pledged items to the complainant after charging only 18% rate of interest per annum till the date of filing of the complaint. The opposite party is not entitled to get the rate of interest after the date of filing of the complaint by the complainant. Considering the facts and circumstances of this matter, we are not ordering any costs or compensation. We further direct the opposite parties to comply with the directions within 15 days from the date of receipt of this order. Complaint allowed. Pronounced in Open Forum on this the 29th day of August, 2008 Sd/- Sri. K.Anirudhan Sd/- Sri. Jimmy Korah Sd/- Smt. N.Shajitha Beevi APPENDIX Evidence of the Complainant: - Ext. A1 (Series) - Notices issued by the Opposite parties to the Complainant Evidence of the Opposite parties: - NIL // True Copy // By Order Senior Superintendent To Complainant/Opposite parties/SF Typed by: Sh/- Compd by:
