CONSUMER DISPUTES REDRESSAL FORUM PALAKKAD
Dated this the 30th day of April 2014
PRESENT : SMT. SEENA. H, PRESIDENT
: SMT. SHINY. P.R, MEMBER
: SMT. SUMA. K.P, MEMBER Date of filing : 21/10/2013
CC / 178 / 2013
Vishalakshi.
D/o. Late Nappan,
Nellikkattil House,
Melur P.O,
Ottapalam – 679 501. : Complainant
Vs
The Secretary,
F 1512 Ambalappara Service Co-operative Bank,
Ambalappara P.O,
Ottapalam – 679 512. : Opposite party
(By Adv. K.R. Santhosh Kumar)
O R D E R
BY SMT. SUMA. K.P, MEMEBER
Complainant in this case is a 56 years old illiterate widow. Hence she was represented by an Authorized Agent. The case of the complainant is that on 28/6/2012 she had mortgaged 2.25 sovereign of gold before the opposite party as Gold Loan No. 25222, 29951 respectively. She states that she had pledged a necklace weighing 6.4 gm and a bangle weighing 5.8 gms for which Opposite party had issued a receipt wherein the weight of the ornament was not recorded. She demanded the officials of the opposite party to record the weight in the receipt but the opposite party insulted her without doing it. On 15/10/2013 complainant approached the opposite party for taking back the ornaments but she was surprised to know that her ornaments were sold in public auction by the opposite party on 8/6/2013. Opposite parties handed over Rs.3502/- as balance amount of the sale proceeds. She was also asked to sign several documents. She alleges that no notice of public auction was served to her by the opposite party before conducting public auction. The complainant states that opposite party deliberately evaded to send intimation so as to defeat the complainant. Hence she filed the complaint seeking an order directing the opposite party to return back her ornaments and also to pay Rs. 50,000/- as compensation for the mental agony suffered by her due to the act of opposite party.
Complaint was admitted. Notice was issued to the opposite party for appearance. Opposite party entered appearance through their counsel and filed version stating the following contentions:
Opposite party admitted that complainant had mortgaged a necklace and bangle as Gold No. 25222, 22951 respectively. It is not correct to state that the complainant noticed about the public auction only on 15/10/2013 when she approach the opposite party for taking back her ornaments. On 28/6/2012 the complainant had borrowed Rs. 9,600/- by pledging a necklace weighing 6.4 gms as Gold Loan No. 25222 and Rs. 4,600/- by pledging a bangle weighing 5.8 gms. Period of the Gold loan was for 6 months. After the expiry of the said period complainant neither try to close the loan nor approached the opposite party to renew the said loan. Hence on 1/1/2013 the opposite party issued an ordinary notice to the complainant, even then the complainant did not turned up. Hence on 12/3/2013 the opposite party issued registered notice to the complainant and it was acknowledged by the complainant. The Director Board of the opposite party decided to conduct public auction of the gold since the price of the gold was diminishing. Opposite party had also published the details of the public auction in the advertisement reported in Deshabimani and Malayala Manorama Dailies . On 14/5/2013 the opposite party issued notice of public auction to the complainant directly. In spite of several intimations, the complainant approached opposite party only after 3 months after conducting public auction. The opposite party had observed all the legal formalities before conducting the public auction. There was no deliberate intention on the part of opposite party to define the complainant. The Forum does not have jurisdiction to entertain this dispute since it is barred by Section 69 of Co-operative Societies Act. Hence the complaint has to be dismissed.
Issues arises for consideration is :
1. Whether there is any deficiency in service on the part of opposite party ?
2. What is the relief and cost ?
Issues I & 2
We are perused on the relevant records produced before the Forum. The evidence consists of chief affidavit of both parties. The opposite party filed an application to cross examine the complainant. IA was dismissed on the ground that complainant could not attend the Forum due to the health problem. Further no specific purpose was mentioned for cross examination. Hence the Forum directed to file interrogatories. Opposite party filed interrogatories for which complainant filed answers. Ext.A1 to Ext.A2 marked on the side of the complainant and Ext.B1 to Ext.B6 was marked on the side of opposite party. It is evident from Ext.A1 and Ext.A2 as well as from Ext.B1 and Ext.B2 that complainant had mortgaged her ornaments 28/6/2012. It is obvious from Ext.B3 , Ext.B4 and Ext.B6 that the opposite party had sent registered notices to the complainant for which the complainant had signed the acknowledgement receipts. So the contention of the complainant that she had no knowledge or notice of public auction cannot be believed. Opposite party cannot be held liable for conducting the public auction since all the procedural formalities had been observed. No prejudice is caused to the complainant without recording the weight of the ornaments in Ext.A1 and Ext.A2. Hence we are of the view that there is no deficiency of service on the part of opposite party by conducting the public auction. We cannot find any malafide intention on the part of the opposite party. In the light of the above discussion complaint is dismissed without any cost.
Pronounced in the open court on this the 30th day of April 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/-
Smt. Suma. K.P
Member
A P P E N D I X
Exhibits marked on the side of complainant
Ext.A1 - Receipt of Gold Loan Account No.29951 (original) issued by the opposite party to the complainant.
Ext.A2 - Receipt of Gold Loan Account No.25222 (original) issued by the opposite party to the complainant.
Exhibits marked on the side of opposite party
Ext.B1 - Original of Loan Account Details (for the item necklace) of complainant maintained by the opposite party.
Ext.B2 - Original of Loan Account Details (for the item bangle) of complainant maintained by the opposite party.
Ext.B3 - Acknowledgment Card (copy) signed by the complainant.
Ext.B4 - Acknowledgment Card (copy) signed by the complainant.
Ext.B5 - Advertisement of public auction reported in Malayala Manorama and Deshabhimani Dailies.
Ext.B6 - Copy of Receipt (of received amount) issued by the opposite party signed by the complainant.
Cost allowed
Nil
