Ld. Advocate(s)

                        For Complainant: SAFIKUL ALAM

                        For OP/OPs :  Pradyut Kumar Ganguly

Date of filing of the case           :16.06.2017

Date of Disposal  of the case              : 27.04.2023

CC/73/2017

Final Order / Judgment dtd. 27.04.2023

The facts of the case complainant has taken loan on dt. 28/02/2016 from OP (India Infoline Finance Ltd.) amounting of Rs.20,000/- (Twenty Thousand only) depositing the Gold chain 12.80 gm of 20carret along with fixed rate of interest 21.00% p.a.

As per agreement the Gold Loan payment with interest due date 27^th of every month and principle due date 27/06/2017.

Complainant did not payment the above loan amount rate of interest due to treatment he went to South India.

After that the complainant went to OP office on 03/05/2017 to pay the amount with interest then he know that it OP sold the gold through auction. OP stated that they before auction inform the complainant through Letter.

On 25/05/2017 OP sent a letter to the complainant which was received on 27/05/2017 complainant knowing that OP sold out gold through auction and OP also stated that to complainant to return the balance amount from the OP office amount of Rs. 7,956/- complainant stated that OP sent a letter wrong pin number and they did not receive the letter.

After that complainant search through internet they know that it he did not receive the letter.

On 08/05/2017 complainant submit Grievance Letter at the OP office but OP did not give any receipt copy. There after complainant lodged a complaint against the OP before this commission with prayer for release as mention:-

1. Refund of gold chain or price of gold chain as per market value.
2. Gold Loan Rs. 20,000/- dt. 28/12/2016 from 03/05/2017 of those days OP received redact amount of money with his interest accordingly following court order.
3. The sum of Rs. 20,000/- for mental pain agony and harassment.
4. A sum of Rs. 10,000/- for above case expenditure accordingly following court order.

In support of this claim complainant filed copy of:-

1. Gold Loan agreement paper.
2. Track consignment.
3. Gold auction letter.
4. Gold deposit receipt copy.
5. Grievance letter for Gold auction.
6. Photo copy of Voter ID.

After admission of the complaint process were issued upon OP who appeared on 30/08/2017 and W.V. filed on 18/09/2017 after that dt. Was fixed for argument. Both the parties filed BNA dt. On 06/02/2018. At the time of argument OP was absent Hence, the case is taken up hearing from the side of complainant.

Decision with reasons

All the points are taken up together for discussion for the sake of convenience as each are enter related.

From documents filed by complainant that it is admitted fact that the complainant has taken as gold loan from the OP and he went to OP office payment for the amount of money with interest before the last due date as per agreement.

Thus complainant covers the provision of consumer as provided in the consumer act. From the documents of the complainant it is cleared that he did not get any information about the gold auction.

On the other hand on behalf of OP (India Infoline Finance Ltd.) appeared and submitted W/V and BNA along with documents. OP demand that he inform the complainant about gold auction as per following such way.

1. Telephoning Message.
2. Paper publication.

But they did not submit regarding documents above this case at the time of argument. From the documents it is cleared complainant he went to office payment for the amount of money with interest before the last due date as per agreement.  

We find that complainant has taken loan on 28/12/2016 as per agreement paper but complainants complaint copy shown that he has taken loan 28/02/2016. We are thought it is technically may be mistake from the side of complainant.

ORDER

That Consumer Case No. 73/2020 is allowed on contest in part.

The complainant is entitled for damage claim of the Gold Chain as per present market value.

The complainant is further entitled for an amount of Rs. 20,000/- for mental pain agony and harassment and further litigation cost of Rs. 15,000/- from the OP.

The OP is directed to pay this amount within 30 days from the date of order to the complaint, failing which complainant shall be entitled to execute the order as per law.

Let a copy of this Judgment / Final Order be provided to the contesting parties free of cost.

   ……………………

          MEMBER

(SMT MALLIKA SAMADDAR)                                                                                                                                                                    

We concur,                     

          MEMBER                               MEMBER                                                           PRESIDENT                                                             

(SMT MALLIKA SAMADDAR)   (NIROD BARAN ROY CHOWDHURY)  (SHRI   DAMAN PROSAD BISWAS)