S CHOCKALINGAM Vs. INDIAN BANK

JUDGEMENT

(1.) Since there is no merit in this appeal, we do not propose any factual elaboration of the case. The grievance of the complainant is that the jewels pledged by him were sold without any notice and without following the procedure. The complainant pledged his jewels weighing 60.200 grams and raised a loan of Rs.15,000/- from the opposite party. The loan was availed on 7.8.1995 towards which the complainant made two payments on 17.6.1996 and 25.3.1997. A notice was given under Ex. A5 dated 18.11.1997 calling upon him to discharge the loan amount with interest. The complainant did not choose to comply with the demand. Therefore, another notice was issued on 19.3.1998 under Ex. A2. This also did not evoke any response. The opposite party put on their notice board the details of the defaulters and also mentioning that the jewels will be auctioned. There was no response. Therefore, a telegram was sent by the opposite party under Ex. A3 on 24.4.1998 informing that the jewels will be auctioned on 27.4.1998. Even after receipt of the telegram, the complainant did not take any action either to make payment or to request for the stoppage of the auction of the jewels. An auction was held on 27.4.1998 wherein the jewels pledged by the complainant were also sold away.

(2.) Therefore, a reading of these above documents would show that there is absolutely no substance in the contentions raised by the complainant. Persistently the complainant defaulted to make payment. He has kept quiet despite receipt of several notices and telegrams. Therefore, it is too late for the complainant to allege that there is any deficiency in service. On the other hand, the opposite party has followed the necessary procedure and given sufficient time to the complainant to make payment and since the complainant did not choose to make payment or show any interest, they had to necessarily sell the jewells by way of auction and, therefore, in such circumstances, the complainant cannot question the auction of the opposite party. Therefore, in fine, we hold that there is no merit in the submission and consequently the appeal deserves to be dismissed.

(3.) In the result, this appeal is dismissed with cost of Rs.250/-. The order passed by the lower Forum is hereby confirmed. Time for compliance : Two months. Appeal dismissed with costs.