KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM. APPEAL No. 478/2009 JUDGMENT DATED: 10-03-2010 PRESENT: JUSTICE SHRI. K.R. UDAYABHANU : PRESIDENT SHRI. M.K. ABDULLA SONA : MEMBER APPELLANTS 1. M/s Kosamattom Finance Pvt. Ltd., Baten Complex, West Nadakavu, Kozhikode. 2. The Managing Director, Kosamattom Finance Pvt. Ltd., Registered Office at Kosamattom Chambers, Muttambalam P.O., Kanjikuzhi, Kottayam District. (Rep. by Adv. Sri. K. Vasantha Kumar & Sri. Sandeep Krishna V.) Vs RESPONDENT T. Sheela, D/o Balan, “Mallu Vihar”, Nadakavu P.O., Kozhikode. (Rep. by Adv. Sri. C.S. Rajmohan) JUDGMENT JUSTICE SHRI. K.R. UDAYABHANU: PRESIDENT The appellants are the opposite parties in CC No. 307/2008 in the file of CDRF, Kozhikode. The appellants are under orders to return the pledged ornaments after receiving the principal amount of Rs. 8,900/- with interest at the rate of 12% till 05-05-2008 ie, the date of filing the complaint. The matter relates to the alleged deficiency in service by selling the pledged gold ornaments weighing 13.7 gm without giving notice to the complainant. The opposite parties have asserted that they have sent notice and that it is because the complainant did not respond to the notice that the ornaments were sold some time in the first half of 2008. The evidence adduced consisted of the testimony of PW1, DW1, Exts. A1 to A4 and B1. The opposite parties have produced only the postal acknowledgement card dated 25-10-2007. As the copy of the notice was not produced the Forum declined to rely on Ext.B1; and rightly so. The complainant had sent lawyer notice the copy of which and the acknowledgement card has been produced. The appellant had not sent any reply to the lawyer notice. It was in the above circumstances that the Forum ordered to return the gold ornaments on condition that the complainant pay the loan amount with 12% interest from the date of the pledge till the date of the complaint. We find that there is no patent illegality in appreciation of evidence in the order of the Forum. Hence we find that no interference in the matter is called for. All the same, the Forum has directed to return the pledged ornaments which has been allegedly sold. Hence the above direction to be complied will be an impossibility. In the circumstance, the order of the Forum is modified as follows: The appellant would pay the value of 13.7 gm of gold at the market value as on today. The complainant is liable to pay a sum of Rs. 8,900/- with interest at 12% from 09-11-2006 till 05-09-2008. The parties are at liberty to deposit the amount at CDRF, Kozhikode. In the result, the appeal is allowed in part as above. The office is directed to forward a copy of this order and LCR to the Forum urgently. JUSTICE K.R. UDAYABHANU: PRESIDENT M.K. ABDULLA SONA : MEMBER | 
