Financier vs Legal heirs of the deceased borrower - 2017 Supreme(Online)(Ker) 31784

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2017 Supreme(Online)(Ker) 31784

IN THE HIGH COURT OF KERALA
D. SESHADRI NAIDU, J
Financier – Appellant
Versus
Legal heirs of the deceased borrower – Respondent

Table of Content
1. dispute over loan repayment and interest rates. (Para 1 , 2 , 3 , 4)
2. discussion on legal representation post mortem. (Para 5 , 6)
3. survival of causes of action despite a party's death. (Para 7 , 8 , 9 , 10 , 11 , 13)
4. personal actions and their survival in law. (Para 12)
5. final decision to remand the case for adjudication. (Para 14)

1. The petitioner is a financier. In 2007, the first respondent's husband and the 2nd and 3rd respondents' father, now no more, availed himself of two loans by pledging gold ornaments as security. Later, a dispute arose about what should be the rate of interest the financier should charge. Eventually, the matter led to a consumer dispute before the Consumer Disputes Redressal Forum, Alappuzha.

2. The learned Consumer Forum, through Ext.P1 Order dated 06/07/2010, in C. C. No. 140 of 2010, directed the financier to charge interest at 12% and to release the gold ornaments on the borrower's paying the loan amount along with interest. Aggrieved, the financier filed appeal No. 43/2011 before the Kerala State Consumer Disputes Redressal Commission, Trivandrum ("the Commission").

3. As seen from the record, pending the appeal, the borrower

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