CC Filed on 13.07.2010
Disposed on 15.12.2010
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.
Dated: 15th day of December 2010
PRESENT:
Sri. G.V.HEGDE, President.
Sri. T.NAGARAJA, Member.
Smt. K.G.SHANTALA, Member.
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Consumer Complaint No. 129/2010
Between:
Sri. S. Nataraj, S/o. Late. Sonnegowda, Aged about 38 years, Thokallaghatta, Vemgal Post, Kolar Taluk, Kolar. | ….Complainant |
V/S Suresh Chand Dhariwal, Pawn Brokers, M.B. Chowk, Kolar – 563 101. (By Advocate Sri. C. Kodandappa & others) | ….Opposite Party |
ORDERS
This is a complaint filed under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to handover the pledged gold articles totally measuring 73.9 grams on receiving the amount due to him, with costs and interest, etc.,
2. The material facts of complainant’s case may be stated as follows:
The complainant has filed the complaint in person. It is alleged that the OP is a Pawn Broker carrying on his business at Kolar. The complainant pledged gold articles and borrowed different amounts as described below.
Sl No. | Date | Receipt No. | Amount Borrowed | Particulars Of Gold Articles Pledged |
01 | 12.12.2009 | 937 | Rs.8,250/- | One pair of Vole, one pair of Suttumuti, One pair of Drops, One Ring. Totally weighing 8.600 gms. |
02 | 12.12.2009 | -- | Rs.30,000/- | Two row chain – Laxmi Mopu. Totally weighing 29.500 gms. |
03 | 15.04.2010 | 993 | Rs.30,000/- | One pair of Vole, One pair of Gumki, One pair of Matti, 3 Nos. of Side Matti, One pair of Suttu. Totally measuring 35.800 gms. |
Further that it was orally told to complainant, the amount borrowed would be charged with interest at 2% per month. It is further alleged that on 12.05.2010 the complainant went to take back the two row chain measuring 29.500 gms. by paying the amount due and the OP told that the amount due on this pledge transaction became Rs.34,500/- and accordingly the complainant paid the said amount of Rs.34,500/- and asked the OP to handover the pledged article. Then OP took back the original receipt with endorsement and signature of complainant showing the receipt of ornament but he did not actually handover the pledged article and asked the complainant to come on the next day to receive it. Further that the complainant went on the next day and again the OP gave some reason on one or other pretext and postponed the handing over of pledged article. The complainant made several visits to take back the pledged article and finally on 05.06.2010 the complainant told that he would not leave the shop of OP without getting back the article or without atleast receiving back the amount of Rs.34,500/- paid by him in respect of this transaction. It is alleged that the OP paid Rs.12,500/- in cash and issued a fresh receipt on the same day showing the pledge of this two row chain with Laxmi Mopu mentioning the amount borrowed as Rs.34,500/- and further mentioning that Rs.22,000/- has been credited on that day in respect of this transaction. Therefore according to complainant in respect of the pledge receipt dated 05.06.2010 the amount actually due would be less than Rs.12,500/-. Further that the OP promised that he would search the article within one or two days and handover the same receiving the balance amount of Rs.12,500/-.
It is alleged that subsequently the complainant expressed his intention to release all the items by paying the amount due and inspite of it the OP did not receive the amount and did not hand over the pledged articles. Therefore the complainant filed the present complaint on 13.07.2010 before this Forum.
3. The notice issued to OP was served on him. He appeared through Counsel. But inspite of sufficient opportunity the OP did not file any version. Further time requested for filing version was refused and the case was posted for complainant’s evidence. The complainant filed affidavit in support of the allegations made in the complaint. He had already filed the zerox copies of the receipts dated 12.12.2009, 15.04.2010 and also the receipt dated 05.06.2010 bearing receipt No. 1027. The case was posted for leading the evidence of OP. OP remained absent and no evidence was led on his behalf. We heard the complainant. He admitted the receipt of Rs.12,500/- paid by OP on 05.06.2010 in the circumstances explained by him. He submitted that in the pledge receipts the interest payable was mentioned as 14% p.a. and he is ready to pay the amount due with same interest and requested for a direction to handover the pledged articles and he requested for awarding compensation and costs.
4. We perused the records including the documents and the affidavit filed by complainant. We are fully satisfied about the truth of the allegations made in the complaint. It appears the OP was not ready to release the pledged articles on receiving the amount due for some ulterior motive. The receipts clearly show that the interest payable on the amount borrowed would be at 14% p.a. It appears orally the OP told that the interest that would be charged was at 2% per month which comes to 24% p.a. We think the OP is entitled to only 14% p.a. interest on the amount due as mentioned in the pledged receipts. In the above circumstances we pass the following:
O R D E R
The complaint is allowed with costs of Rs.1,000/-. The OP shall return the pledged articles to complainant shown in the Receipt No. 937 dated 12.12.2009, Receipt No.__ dated 12.12.2009 and Receipt No. 1027 dated 05.06.2010 on receiving the principal amounts lent with interest at 14% p.a. from the date of respective loans after adjusting the payments made by complainant and shall also pay compensation of Rs.5,000/-, within 30 days from the date of this order. The OP shall issue a notice fixing the date for return of the gold articles and intimating the complainant the amount payable by him as stated above. If the OP fails to return the pledged articles within the stipulated period as directed in this order, he shall pay the value of pledged gold ornaments to complainant at the rate of Rs.1,925/- per gram. being the market value for jewelry as on this day less the amount due to him with interest at 10% p.a. from the date of default till the date of payment.
Dictated to the Stenographer, corrected and pronounced in open Forum this the 15th day of December 2010.
MEMBER MEMBER PRESIDENT
