Orissa

Jagatsinghapur

CC/33/2019

Magu Charan Bhol - Complainant(s)

Versus

Branch Manager Indian Bank - Opp.Party(s)

Mr.N.C.Barik

22 Aug 2022

ORDER

                                                                                             JUDGMENT

 

            Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite party to revise the loan outstanding dues against the loan A/c No.06534130042 and deliver the pledged gold ornaments to the complainant and fix easy installments for payment against other three loan accounts bearing Nos.6642752639, 06632218814 & 06637359407 and not to put the gold ornaments into public auction”.

            The brief fact of the case is that the complainant is a consumer under the opposite party and he availed gold loan No.06534130042 on dt.06.6.2017 of Rs.39,000/- by pleading his gold ornaments of 27 gms and also availed gold loan of Rs.18,000/- on dt.18.6.2018 vide loan A/c No.6642752639 pleading 11.700 gms and Rs.53,500/- on dt.14.5.2018 vide loan A/c No.06632218814 pleading 34.300 gms and rs.1,00,975/- on pleading 63.00 gms vide loan A/c No.06637359407 on dt.02.7.2018 for agriculture purposes. Although the complainant paid his loan interest amount in the loan account but all on a sudden the complainant received a notice on dt.12.12.2018 from the opposite party to demanded the overdue interest for immediate payment vide loan A/c No.6534130042 and after receiving the notice the complainant rushed to the bank and deposited sum of Rs.8,000/- on 25.01.2019 and requested to know about the up to outstanding dues from the opposite party rather demanded to closed the another three loan accounts for the year 2018, otherwise the bank put the gold loan in auction. The opposite party by practicing unfair trade practice harassing the complainant and threatening to put his valuable gold ornaments into public auction which causes great mental agony.

            That this Commission order dtd.27.02.2019 has pleased to passed the following order;

            “Heard the advocate for complainant on the petition filed U/s.13-3(B). Perused the documents available on record supported with affidavit.  It is found that the complainant has a primafaice case against the opposite party. Issue notice to the opposite party to file objection if any. However considering the facts and circumstances of the case the opposite party is directed not to auction the gold ornaments pledged before it to public auction and not to take any coercive step against the complainant in respect of his loan accounts vide Nos.06534130042, 6642752639, 06632218814 and 06637359407 till date 13.3.2019.”

            The opposite party has filed in his written version which is very casual in that written version in para 5 it has been stated as under;

            “There is no illegal trade practice and opposite party was not threatening to the complainant and complainant has not suffer in mental agony. The opposite party has complied the order dt.27.02.2019 passed in misc case No.18/2019 has been complied with.”

            Both parties are absent since long and there is no assist from any party. This is a year old case of 2019. The prayer of the complainant “direct the opposite party to revise the loan outstanding dues against the loan A/c No.06534130042 and deliver the pledged gold ornaments to the complainant and fix easy installments for payment against other three loan accounts bearing Nos.6642752639, 06632218814 & 06637359407 and not to put the gold ornaments into public auction”.

            Taking into the considering the facts and circumstances of the case and materials on record we direct the opposite party to receive the outstanding loan if any pending to be paid and to release the gold ornaments after payment of the amount dues to be paid by the complainant. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

 

            Pronounced in the open Commission on this 22nd August, 2022.