DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C. C. CASE NO. 322/2018
Date of Filing: Date of Admission: Date of Disposal:
08.08.2018 16.08.2018 05.12.2022
Complainant/s:- | Avijit Dasgupta, S/o. Late Ashis Das Gupta, 11/A, Harisabha 1st Lane, Barrackpore(m), P.O. Nona Chandanpukur, P.S. Titagarh, Dist- North 24 Parganas, Kolkata-700122. = Vs.= |
Opposite Party/s:- | The Branch Manager, IIFL, Branch Name-Kolkata-Khardah, Branch Code-BM2266, 56, I.C. Road, Govt. Colony, 1st floor, Opposite State Bank, P.O. Rahara, P.S. Khardah, Dist- North 24 Parganas, Kolkata-700118. |
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P R E S E N T :- Smt. Monisha Shaw …………………. Member.
:- Sri Abhijit Basu……………………….Member
JUDGMENT / FINAL ORDER
This is a complainant filed a complaint addressing to the Hon’ble President, DCDRF, Barasat alleging for and unfair trade practice against the opposite parties as the opposite parties did not take any steps to redress his grievances till filling of this complaint.
The brief fact of the complaint is that the complaint Avijit Dasgupta deposited gold ornament as gold loan to the opposite parties of this case. The complainant deposited gold ornaments i.e.(1) Necklace (22 carat ) weighing about 56.1 gram, (2) stud(22 carat) weighing about 20.20 gram. In lieu of the said gold ornament a sum of Rs 99,999/- has been sanctioned gold loan to the complainant. His account No. was –GL 6898472. From the office of the opposite party informed the complainant that a robbery has been taken place in this office of the O.P. on 08.04.2017 and thereafter it was also informed to the complainant that the gold itm has been recovered by Gaya and OPD has been done but not yet has been arrived, thereafter the O.P offered the complainant to make a settlement on a very little amount which is very much lesser than the actual value of the gold against which the loan has been sanctioned. It is also mentioned that on 22.09.2017 the complainant has been paid entire amount of gold loan but the gold ornaments has not been returned by the opposite party to the complainant. On 01.05.2018 the complainant issued a letter through Advocate to the opposite parties for return the gold ornament to the complainant or return the present Market value for the said gold ornaments within 15 days from the date of receipt of the letter but in vain. Hence the complainant filed this complaint. The complainant sent the notice of this case to the opposite party through speed post, the notice was delivered but O.P was not appeared
The Advocate for complainant prays and submits to return back the gold ornaments against gold loan has been sanctioned or returned the present market value of the said gold ornaments from the date of order, with interest till date and huge cost with penalties as applicable in the eye of law.
Following issues are framed for the purpose of decision
1) Whether the complaint is maintainable or not?
2) Whether the complainant is entitled to get relief/ reliefs in this case or not?
Decision with Reasons
Considering the facts and circumstances as well as nature and character of the case all the points are interlinked with each other as such all the points are taken up together for consideration. The case is with in the jurisdiction and also pecuniary jurisdiction of this
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C. C. CASE NO. 322/2018
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commission. The complainant taken loan by submitting gold ornaments hence the complainant is the consumer of the opposite parties. As the complainant paid the entire loan amount to the oppositepartis as agreed hence the opposite parties are liable to return the entire deposited gold ornaments to the complainant. But the opposite parties failed to do the same. As such there is deficiency in service on the part of the opposite parties.
The discussed points bear positive results. As such we are of the view that the complainant is entitled to receive and /or return back the gold ornaments against gold loan has been sanctioned from the opposite parties alternatively the O.Ps shall return the money at the price of gold ornaments on the date of return with a inrest of 6% from 22.09.2017. The complainant is also entitled to get other relief or reliefs as mentioned in the ordering portion.
All the points are disposed accordingly.
Hence, for ends of justice
It is Ordered
that the case being No. C.C. No. 322/2018 be and the same is allowed against opposite parties exparte with cost.
It is hereby decreed and directed the opposite parties to return back the deposited gold ornaments against gold loan has been sanctioned to the complainant with 6% interest of the deposited gold value on the date of recovery from 22.09.2017. Alternatively the opposite parties shall return the money as per value of the market price of gold on the date of return or recoverey with 6% interest of the market price of the gold on the date of return or recovery from 22.09.2017 to the complainant within two months. It is also directed to the opposite parties to pay Rs. 6,000/- as compensation and litigation cost to the complainant within two months. Failing which the complainant has liberty to get her decree into execution according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
Member
Member Member
