MINI & ANR Vs. APARNA FINANCE
LAWS(NCD)-2020-7-34
NCDRC
Decided on July 08,2020

MINI Appellant
VERSUS
Aparna Finance Respondents

JUDGEMENT

Prem Narain, J. - (1.) This revision petition has been filed by the petitioner Mini and Anr against the order dated 31st December 2015 passed by the Kerala State Consumer Disputes Redressal Commission Thiruvananthapuram (in short "the State Commission") in appeal No. 501 of 2014.
(2.) Brief facts of the case are that the petitioners pledged one ring for Rs.705 on 21st February 2002, a locket along with three pairs of studs weighing about 9 gm for an amount of Rs.2,500/- on 13.04.2002 and also pledged 50 gm gold in the form of one bangle of gold as well as one Shree Krishna chain with precious diamond and pearls for Rs.11,000 with the respondent opposite party on 12th August 2002. The period for taking the gold ornaments back was fixed as 12th February 2003. The petitioner No.1 paid interest up to 12th December 2002 on 5th August 2004 to the respondent. As no interest was paid after that date, the respondent opposite party sold the gold ornaments on 23rd September 2005 in an auction.
(3.) Aggrieved by the auction sale of the ornaments, the petitioners filed a consumer complaint before the District Forum and the District Forum wide its order dated 30th November 2013 allowed the complaint as under:- "In the result, opposite party is directed to give back the pledged ornaments or the market value of the pledged ornaments after deducting the loan amount with12% interest from the date of loan. The amount already paid by the complainant should also be deducted from the total amount. The opposite party is also directed to pay Rs.2,000/- towards costs to the complainants. The above amounts are directed to be paid within one month from the date of receipt of this order failing which complainants are eligible to get 12% interest also from the date of default till payment.";


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