A.K.ANNAMALAI, J. - (1.) COMMON ORDER F.A.46/08 : The complainant is the appellant. F.A.52/08 : The opposite parties 1 and 2 are the appellants.
(2.) The complainant filed a complaint against the opposite parties claiming for the reliefs of payment of present market rate for the jewels pledged by the complainant which was wrongly sold in auction and to pay a sum of Rs.1,20,000/- by opposite parties as compensation for the mental agony and for the loss and to pay for cost and other reliefs.
(3.) The complainant case in brief as per the complaint is as follows :- The complainant was having SB Account with 1st opposite party and obtained to jewel loans in account Nos.14/22 for Rs.9,800/- and 14/65 for Rs.9,000/- by pledging jewels to the extent of approximately 40.5 gram and 43 gram respectively and also the complainants mother obtained agricultural loan for Rs.16,500/-. On 12.2.05 the bank has sent a legal notice for the repayment of agricultural loan and two jewel loans and thereby the complainant has sent a complaint regarding the false notice sent by 1st opposite party and thereafter complainant filed a suit in O.S.68/05 praying for not to sell the jewels for the time barred debt for the agricultural loan and for the declaration regarding the alleged revival letters and also gave a complaint to the police informing the alleged public auction regarding the jewels for the time barred debt and for fabrication of false records and thereby subsequently for taking criminal action against 1st opposite party the complainant asked for permission from 2nd opposite party and subsequently he came to know that the jewels were auctioned on 12.3.05 and for which the complainant sent a notice asking for particulars of the purchaser of the jewels and thereby there was deficiency of service on the part of the opposite party and hence come forward with this complaint claiming for the above said reliefs.;