ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party to release the gold items on receive ten installments or in one time settlement scheme and pay Rs.10,000/- towards cost of proceedings and Rs.10,000/- towards mental agony.”
This commission vide order dt.08.12.2021 directed as under;
“Heard the Advocate for complainant on the petition filed U/s.38 (8). Perused the documents available on record supported with affidavit. It is found that the complainant has a primafacie 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 put the gold ornaments pledged before it to public auction (if not auction on dtd.23.11.2021) and not to take any coercive step against the complainant in respect of his loan account No.02955/MUL/013102 till dt.24.12.2021.”
The opposite party violating the order of this Commission has already sold the gold ornaments in public auction.
Since the opposite party has deliberately and intentionally auctioned the gold, we held that the action of opposite party amounts to unfair trade practice as defined U/s.2 (47) of Consumer Protection Act, 2019 as such the complainant is entitled for compensation.
We therefore direct the opposite party to pay the cost of gold minus the amount to be paid as on the date of auction. The price of gold is to be determined on the date of payment. Besides the above for unfair trade practice and hurting the sentiment and attachment to the jewellary the opposite party shall pay Rs.5,000/- as compensation and Rs.3,000/- as cost of litigation. With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 28th July,2023.
