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

SooperKanoon Citationsooperkanoon.com/1111121
CourtKerala State Consumer Disputes Redressal Commission SCDRC Thiruvananthapuram
Decided OnSep-15-2009
Case NumberFirst Appeal No. 355 of 08 (Arisen out of order dated 31/10/2008 in Case No. CC 23 of 07 of District Kollam)
JudgeJUSTICE SRI. K.R. UDAYABHANU: PRESIDENT, SMT. VALSALA SARANGADHARAN: MEMBER
AppellantNiyas Ahammed
RespondentThe 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.
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.