Niyas Ahammed Vs. the Manager, Muthoot Conventional Gold Loan Polayathode, Kollam

Niyas Ahammed vs The Manager, Muthoot Conventional Gold Loan Polayathode, Kollam

Type Court Judgment Court Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram Decided Sep 15, 2009

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Citation: sooperkanoon.com/1111121
Court: Kerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Judge: Justice Sri. K.R. Udayabhanu: President, Smt. Valsala Sarangadharan: Member
Decided On: Sep 15, 2009
Case Number: First Appeal No. 355 of 08 (Arisen out of order dated 31/10/2008 in Case No. CC 23 of 07 of District Kollam)
Subject: Consumer

Case Summary

AI-generated summary - not the official court judgment text.

Consumer

Key legal issue: Consumer

Parties & Advocates

Appellant / Petitioner

Niyas Ahammed

Respondent

The Manager, Muthoot Conventional Gold Loan Polayathode, Kollam

Excerpt

justice sri. k.r. udayabhanu: president the appellant is the complainant in cc.23/07 in the file of cdrf, kollam. the matter relates to the dispute with respect to the interest charged on pledged ornaments. the forum has dismissed the complaint holding that for the case of pledging only create relationship of creditor and debtor and hence the case is not maintainable. 2. both sides have admitted that the position highlighted by the forum is incorrect. it is settled law that the consumer disputes redressal agencies under the consumer protection act has got jurisdiction in the above matters. in the result order the forum is set aside. the matter is remitted back to the forum. forum is directed to adjudicate the matter on merits. the case stands posted before the forum on 2.11.09. office is directed to forward the copy of this order to the forum urgently.

Full Judgment

JUSTICE SRI. K.R. UDAYABHANU: PRESIDENT

The appellant is the complainant in CC.23/07 in the file of CDRF, Kollam. The matter relates to the dispute with respect to the interest charged on pledged ornaments. The Forum has dismissed the complaint holding that for the case of pledging only create relationship of creditor and debtor and hence the case is not maintainable.

2. Both sides have admitted that the position highlighted by the Forum is incorrect. It is settled law that the consumer disputes redressal agencies under the Consumer Protection Act has got jurisdiction in the above matters. In the result order the Forum is set aside. The matter is remitted back to the Forum. Forum is directed to adjudicate the matter on merits.

The case stands posted before the Forum on 2.11.09.

Office is directed to forward the copy of this order to the Forum urgently.

Same Court & Year Kerala State Consumer Disputes Redressal Commission SCDRC Thi... Same Parties Niyas Ahammed vs The Manager, Muthoot Conventional Gold Loan ... Same Subject Consumer Same Judge Justice Sri. K.R. Udayabhanu: President, Smt. Valsala Saranga...