PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SAMBALPUR
CONSUMER COMPLAINT NO. 1/2021
Present-Dr. Ramakanta Satapathy, President,
Sri. Sadananda Tripathy, Member,
Ahalya Behera,
W/O- Kartik Behera,
R/o- Olanga, Ps- Bhadrak Gramanchal, Dist- Bhadrak,
Present address R/O- New Market, Hirakud,
PO/PS- Hirakud, Dist- Sambalpur ...………..Complainant
Versus
- The Branch Head, ICICI Bank,
Bhadrak Branch, Bhadrak, ODISHA-756100
- The Branch Head, ICICI Bank
At- Budharaja, Ps- Ainthapali,
Dist- Sambalpur, Odisha-768004 …………...Opp.Parties
Counsels:-
- For the Complainant :- Sri. P.K. Kar, Advocate & Associates
- For the O.P.s :- Sri. A.K. Sahoo, Advocate & Associates
Date of Filing:07.01.2021,Date of Hearing :03.07.2023,Date of Judgement : 25.07.2023
Presented by Dr. Ramakanta Satapathy, PRESIDENT
- The case of the Complainant is that the Complainant is having two numbers of loan account with O.P. No.1 Bhadrak Branch. Vide A/C I.D. No. 077405004275 dated 21.05.2013 and A/C ID NO. 07740500848 dated 30.05.2015 the Complainant availed loan amounting to Rs. 52,000/- and Rs. 20,440/- respectively depositing jewellery weighing 36.83 grams and 12.08gms.
A/C ID No. 077405004275 for Rs. 52,000/-was opened with a condition to renew in six months. Likewise A/C ID No. 07740500848 was opened having renewal after one year and soon. The Complainant lastly deposited the following amount with O.P. No.2 Sambalpur Branch in cash.
05.07.2019 ID. 077405004275 RS. 7750/-
05.07.2019 ID. 07740500848 Rs. 3419/-
On 04.07.2020 when the Complainant has been to O.P. No.2 to renew his loans, the O.P. No.2 refused to receive any repayment and advised to contact O.P. No.1. After contact with O.P. No.1 the Complainant on 10.07.2020 during Covid-19 period went to O.P. No.1 but the O.P. No.1 avoided to meet and discuss. A letter was given dated 05.08.2020. No reply was given. The Complainant came to know that the O.P. No.1 has already disposed of the mortgaged property by way of auction sale without serving any notice. Auction has been made on 06.07.2019, on the next day of last payment i.e. 05.07.2019 in loan A/C I.D. No. 077405004275.
The O.Ps are deficient in their service, resorted to unfair trade practice.
- The O.Ps in their version submitted that the advancement of loans are admitted. There is no any irregularity and deficiency in service of the O.Ps. The Complainant is not a consumer of the O.Ps and the case is not maintainable before this Commission. The loans were renewed up to 29.05.2018. Thereafter the loans were neither closed nor renewed by the Complainant. On 05.06.2018 demand notices were issued. The Complainant opted for renewal of the loans for another year on 08.06.2018. On 21.06.2019 again demand notice was issued. Responding the notices the Complainant deposited Rs. 7750/- and Rs. 3419/- respectively on 05.07.2019 but neither renewed nor closed the loans. Loan recall notices dated 06.07.2019 were issued. On 10.08.2019 public notices were issued in “The Prajatantra” and “The Political and Business Daily.” After public auction the amounts were adjusted, loan accounts were closed. When sale proceeds being surplus after adjustment of outstanding dues the O.P. Bank issued post sale notices dated 17.08.2020 calling upon the Complainant to collect the surplus amount but the Complainant not responded. Due procedure has been followed for sale of the mortgaged gold ornaments and accordingly the complaint is liable to be dismissed.
- Perused the documents filed by both the parties. The O.P. Bank issued the loan recall notice dated 06.07.2019 the outstanding due as on 05.07.2019 is Rs. 49,334/- in respect to A/C No. 077405004275 and Rs, 18,106/- in respect to A/C No. 077405009848 and specifically mentioned in the notices to pay the entire dues of Rs. 18,106/- within 10 days. As it reveals and admitted by both the parties that on 05.07.2019 the Complainant deposited Rs. 7750/- and Rs. 3419/- in both the accounts. From Complainant notice dated 05.08.2020 it reveals that notice was given to the O.P. to clear the outstanding principal within one year and prayed for waiver of the interest and penal interest. In the other hand the O.P. on 26.09.2019 gave an opportunity to clear the outstanding in the form of notice for enforcement of security fixing dated “20.08.2019” as auction date. It corroborates the paper publication made in the prajatantra and another news paper. Post sale notice dated 17.08.2020 was issued to the Complainant that an outstanding loan amount of Rs. 57,870/- + Rs. 13,999/- was adjusted in loan accounts receiving Rs. 82,310/- and 35,864/- sale amount. An amount of Rs. 24,440/- + Rs. 22,465/- was excess amount. The O.Ps have followed due procedure till the publication of auction sale notices but failed to file any documents relating to bidding sheet which is very much essential in a auction sale. The second point of consideration is that auction was made on 20.08.2019 but post sale notice was issued on 17.08.2020. The O.Ps failed to explain why such manupulation was made regarding refund of Rs. 24,440/-+ Rs. 22,465/- to the Complainant. The auction sale dated 20.08.2019 and post sale notice issued against the Complainant found to be defective and no due care and caution has been taken by the O.Ps. after the auction sale. It proves deficiency in service on the part of the O.Ps.
- From the Supra discussion the auction sale is found to be not-in accordance with law. It is admitted by the O.Ps that Rs. 57,870/- was laying outstanding against the Complainant as on 20.08.2019. The appraised value of 36.83 gms gold ornament was Rs. 52,200/- and 12.08 gms value Rs. 20,447.50P respectively. The O.P. failed to file the rate of gold on the date of auction sale and the base price of the ornaments which are very much essential in auction sale. It proves deficiency on the part of the O.Ps.
As discussed Supra it is ordered accordingly:
ORDER
The complaint is allowed on contest against the O.Ps. The O.Ps are directed to refund Rs. 24,440/-+ Rs. 22465/- along with interest @13% P.A. w.e.f. 20.08.2019 to the Complainant within one month of this order. For deficiency in service the O.Ps/O.P. Bank is liable to pay compensation of Rs. 20,000/- and for non-following due procedure of auction sale directed to pay compensation of Rs. 50,000/- and litigation expenses of Rs. 10,000/-. In case of non payment within one month of this order, the entire amount will carry 13% interest P.A. w.e.f. 20.08.2019 till realisation.
Order pronounced in the open Court today on 25th day of July, 2023.
Free copies of this order to the parties are supplied.
