Complainant Promod Prasad has filed this complaint for a claim of Rs. 4,185/- and with a direction to delete his name from CIBIL LIST in the O.P. along with compensation of Rs. 90,000/- and other relieves.

2`         The case of the complainant is that Promod Prasad had taken GOLD SHAKTI SCHEME from O.P. Manapuram Finance Ltd. after pledging Gold on three subsequent application dt. 14.09.2016, 15.0-9.2016 and 31.01.2017 for 22 Carat Gold weighing 33.402 grams and taken total Rs. 70,250/- for 90 days. At the time of pledging the gold, the value of the gold was Rs. 92700/-. It is alleged that due to economic problem he could not paid the loan amount and the O.P. auctioned  the pledged gold without giving any notice and he has sold in auction for Rs. 88515/- and in this way he has not paid the balance amount of Rs. 4185/- which was the difference of Rs. 92700 – 88515= 4185.  Apart from this, the O.P. put the name of the complainant who is in the business of gold in CIBIL LIST causing problems for taking loan from other banking institutions. Hence this case.

3          Following documents has been filed by the complainant in support:-

Anx-1 to ½ Copies of three applications for the gold scheme.

Anx-2 Copy of the terms and conditions.

Anx-3 and 3/1 Copies of legal notice to the O.Ps.

Anx-4 and 4/1 Copies of speed post receipt.

Anx-5 to 5/10 Copies of the CIBIL LIST.

4          O.P. appeared and filed W.S. It is submitted that the complaint is not maintainable because it is admitted by the complainant that he was defaulter in payment of   loan amount and accordingly as per the terms and conditions the pledged gold was auctioned and the company has loss of in total Rs. 13898/- due to latches of the complainant for which the complainant has to pay interest. The O.P. has also served notice to the complainant which was duly served and this complaint has been filed to escape from his liability.

            If the loan amount and loss to the company has been paid by the complainant his name shall be automatically deleted from the CIBIL LIST.

5          Following Anxs have been filed by the O.P. in support of its submission in the W.S.:-

Anx-A to A/2 Copies of the statement of account of the loan.

F I N D I N  G S

6          We perused the record and found that the complainant Promod Prasad has filed the complaint but signed on the affidavit as well as on the complaint petition as “Promod Kumar”. Therefore, it appears to us that the complainant Promod Prasad has not filed this complaint himself. Therefore, this complaint is not maintainable.

            Further, on perusal of the W.S. it is clear that the complainant has himself admitted that he has not paid the loan. On this account also this complaint is not maintainable having no cause of action.

7          Accordingly we dismiss this complaint as not maintainable.

O.C. is directed to deposit the record in the record room.