By Sri. K. Gheevarghese, President:

The complaint filed under section 12 of the Consumer Protection Act.
 

The complaint in brief is as follows:
 

The Complainant pledged gold ornaments in the Opposite Party's Bank and received Rs.8,500/-. The pledging of the gold ornaments was for a period of 3 months. Later the period was extended for one year in oral request subsequently the Complainant approached the Opposite Party's bank to clear the liability and to get back the gold ornaments pledged. The Opposite Party informed the Complainant that the ornaments pledged are sold in auction. On enquiry regarding the non intimation to the Complainant the Opposite Party apprised the Complainant that a registered letter and paper publication was given. The Complainant had no information which is legally bound by the Opposite Party to inform the auction.

2. The act of the Opposite Party is absolutely beyond their legal capacity. The ornaments pledged are having the market value of Rs.23,000/-. Beyond that the items pledged consists of items of sentimental interest. The Opposite Party has to compensate the Complainant for their deficiency in service. More over the Complainant had several occasions to the visit the bank but in none of the time the Opposite Party gave any intimation to the Complainant that the ornaments pledged exceeded the period of pledging. There may be an order directing the Opposite Party to give the Complainant the loss of Rs.23,000/- incured in the sale of gold ornaments along with interest at the rate of 15%. Towards the loss of sufferings the Complainant is to be compensated with Rs.20,000/-.

3. The Opposite Party filed version. The sum up of the version is as follows. The Opposite Party admitted the transaction of the Complainant. On 29.06.2004 the Complainant pledged gold ornaments in the weight of 25.400 gm in the Opposite Party's bank and upon its security received Rs.8,500/-. Where as the oral extension of the period for one year as stated by the Complainant is absolutely wrong. Sufficient notice were sent to the Complainant for the renewal of the loan how ever the Complainant abstained herself from the repayment of the loan amount including the interest. The terms and conditions which are to be kept up by the Complainant are violated. Prior to the action of the articles kept in security, registered lawyer notice was sent and the auction details was also published in daily. The allegation of the Complainant that the auction was done without the knowledge and connivance of the Complainant is baseless and falsely alleged. The Opposite Party informed the Complainant that the gold ornaments were sold in auction and the amount due from the Complainant are recovered. The excess amount received in selling was sent to the Complainant but on refusal the amount Rs.1,729/- is kept in the suspense account of the bank.

4. The allegation of the Complainant that the items kept in security are of sentimental values are the reason only for the purpose of this complaint. If any loss effected to the Complainant this Opposite Party is not responsible for it, instead it is only due to the inadvertent act of the Complainant the complaint is to be dismissed with cost.

5. The points in consideration are:

1. Is there any deficiency in service on the part of the Opposite Party?

2. Relief and cost.

6. Point No.1:- The case of the Complainant is that the gold ornaments pledged in the bank of the Opposite Party was sold in auction without proper notice and intimation. The Ornaments pledged were for a period of three months and it is later extended orally for one year.

The Opposite Party reiterated that the sale of gold ornaments in auction was following the proper intimation by a registered letter and paper publication. Ext.A1 to A5 are the documents produced for the Complainant and B1 to B8 are the documents produced by the Opposite Party.

It is admitted by the Complainant and Opposite Party that the ornaments pledged are for a period of three months. Ext.B7 is the paper publication by the Opposite Party's Bank which gives detail of auction of the gold ornaments published in daily dated 24.03.2005. The Contention of the Complainant is that the registered letter sent informing auction of the gold ornaments was served on a different person and as a result the communication was not served to the pledger. Ext.B3 and Ext.B6 are the two acknowledgment cards sent to Lakshmi, D/o Kullaiyya, Meppadi (P.O). Ext. B6 pertains to gold loan in the No.23526 and B3 is the acknowledgment card of an intimation in the loan No. NAST 3566. The Complainant has no case that the intimation was wrongly sent to an another person by the Opposite Party's Bank. The acknowledgment card produced tantamount to the fact that the Opposite Party made the earnest effort to intimate the Complainant. The ornaments pledged were to a period of three months as admitted in the laps of period after giving notification in daily the ornaments were sold in auction. The sale of the gold ornaments was effected after intimation and publishing of the event. We are in the opinion that following the steps taken to intimte the Complainant the sale of gold ornaments in public auction cannot be considered as a deficiency in service and the point No.1 is decided accordingly.

7. Point No.2:- The service of the Opposite Party cannot be considered as deficit one. In this respect a detail discussion of the point No.2 is not necessary.

In the result, the complaint is dismissed no order upon cost.

Pronounced in open Forum on this the 29^th day of January 2009.

PRESIDENT: Sd/-

MEMBER- I: Sd/-

MEMBER-II: Sd/-

A P P E N D I X

Witnesses for the Complainant:

PW1. Suresh H.R. Working in Work shop.

Witnesses for the Opposite Party:

OPW1. K.S. Sreejith Secretary, Thrikkaipett Co-operative Bank, Meppadi.

Exhibits for the Complainant:

A1.series. Copy of Lawyer notice, Acknowledgment Card and

Postal Receipt. dt:05.07.2006.

A2. Reply Notice. dt:15.07.2006.

A3. Receipt of Gold Loan dt:29.06.2004.

A4. Power of Attorney. dt:14.05.2008.

A5. Letter.

Exhibits for the Opposite Party:

B1. True Copy of Admission Register (Two Pages)

B2. Gold Loan Application. dt:29.06.2004.

B3. Acknowledgment

B4. Copy of Loan Application.

B5. Journal Book.

B6. Acknowledgment

B7. Advertisement (Malayala Manorama News Paper). dt:24.03.2005.

B8. Copy of Member Loan Liability Register.(One Page)