Pawn broker cheated my pledged jewellery

537 votes

If you have repaid the entire loan with interest and the pawnbroker failed to return your pledged gold, you may have both civil and criminal remedies. Immediately gather all available evidence such as pawn receipts, repayment proof, bank statements, witnesses, or any communication. Lodge a police complaint alleging criminal breach of trust and cheating. If the police do not take action, you may approach the jurisdictional Magistrate seeking appropriate directions. You may also file a civil suit for recovery of the value of the jewellery with damages, subject to limitation and the specific facts of your case. Kindly consult a local advocate with all available documents for proper legal action.

Advocate Elango D LawRato

970 votes

This is a case of criminal breach of trust (Section 316 BNS, earlier Section 406 IPC) and also gives rise to a civil claim for recovery of pledged goods/damages. However, given that this dates back to 2008, the limitation period is a serious concern you need to address first: Civil suit for recovery — Normally has a 3-year limitation period from the date of refusal to return the jewellery/repayment completion. If you completed repayment long ago and only now approaching this, you may need to explain the delay or check if the limitation period was interrupted (e.g., part-payment acknowledgments, correspondence). Criminal complaint — You can file a police complaint for breach of trust/cheating, since the broker retained your pledged gold despite full repayment. Criminal limitation for such offences is typically 3 years too, but courts have some discretion, especially if the whereabouts of the accused were unknown (concealment can be argued to extend timelines).

Advocate Mohanraj LawRato