KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACAUD, THIRUVANANTHAPURAM.

APPEAL  NO: 274/2011

 JUDGMENT DATED: 04-05-2011

PRESENT

JUSTICE SHRI. K.R. UDAYABHANU              :  PRESIDENT

SHRI.S. CHANDRAMOHAN NAIR                             : MEMBER

The Manager,

Federal Bank,                                                     : APPELLANT

Thumpoly, Alappuzha.

(By Adv:Sri.S.Reghukumar)

          Vs.

Urumees.C.V,

Vadakkaparambil,                                               : RESPONDENT

Aryad Panchayat,

Thumpoly, Alappuzha.

JUDGMENT

JUSTICE SHRI. K.R. UDAYABHANU:  PRESIDENT

Appellants are the opposite parties/Federal Bank in CC.5/08 in the file of CDRF, Alappuzha.  The appellants are under orders to pay Rs.15,000/- as compensation.

2.      The case of the complainant is that he had availed a gold loan of Rs.12,700/- on 24/2/2006 pledging a gold chain weighing 26grams. When he approached the opposite party on 7/1/2008, they told that the same has been auctioned.  According to him he was not given notice or intimation before sale.

3.      It is the case of the appellants that the notice sent was returned with endorsement addressee not known and that the date of auction was published in Malayala Manorama newspaper.

  4.    The evidence adduced consisted of the testimony of PW1, DW1, Exts.A1 & A2 and B1 to B4.

5.      The Forum has found that the notice sent was not in a proper address.  It is the case of the appellant that the address is the one mentioned in the loan application.  Counsel for the appellant has produced a copy of the acknowledgment of notice wherein the address given is Rumez.C.V, Vadakkanparambil, Aryad, Alappuzha.  In the loan application, in the signature portion it is mentioned as Rumis.  In the complaint the address is Urumees C.V.  Evidently, the person is not well illiterate.  The Bank officials ought to have collected the correct spelling of his name at the time of providing the gold loan.

In the circumstances we find that there is no patent illegality in the order of the Forum.  There is no scope for admitting the appeal.  The appeal is dismissed in-limine.

Office will forward copy of this order to the Forum.

JUSTICE K.R. UDAYABHANU:  PRESIDENT

S. CHANDRAMOHAN NAIR : MEMBER

VL.