Complainant Rimpy Mahajan has filed the present complaint against the opposite parties U/S 12 of the Consumer Protection Act (for short, C.P.Act.) seeking necessary directions to the opposite parties to receive the actual loan amount alongwith agreed rate of interest from him and to redeem her gold ornaments immediately. Opposite parties be further directed to pay Rs.10,000/- as compensation on account of mental agony, physical harassment and deficiency in service on the part of the opposite parties alongwith Rs.3,000/- as litigation expenses to her, in the interest of justice.

2.      The case of the complainant in brief is that on 19.2.2014 she approached the opposite party no.1 for availing Gold Loan facility vide loan account No.050105001114. She deposited Gold ornaments weighing 26.450 Grams with the opposite party no.1 against which the opposite party no.1 advanced Rs.47,523/- to her as loan. She was to repay Rs.54,321/- inclusive of interest to the opposite parties upto 19.2.2015. She approached to the opposite party no.1 2/3 times for repayment/renewal of loan amount and for redeeming her Gold Ornaments, but the opposite party no.1 always put the matter pending with one or the other excuse, with ulterior motive and malafide intention to charge excessive interest from her than the agreed rate of interest. She has next pleaded that the opposite parties no.1 and 2 also issued a demand notice dated 28.3.2015 and asked her to deposit Rs.53,321/- being principal amount and interest thereon alongwith further interest till the date of payment. After receiving the demand notice, she again approached the opposite party no.1 and requested to receive the loan amount alongwith agreed rate of interest and to redeem her Gold ornaments, but the opposite party no.1 again did not pay any heed to her requests. Rather the opposite party no.1 issued threats to her that he will sell her gold ornaments, although the opposite parties have no right to do so when she had always remained ready and willing to repay the loan amount so borrowed by her and to get her gold ornaments redeemed. The opposite parties by not receiving the loan amount within stipulated period are trying to defraud and cheat her dishonestly for wrongful gain to them and wrongful loss to her. She is legally entitled to get her gold redeemed. She is also entitled to compensation to the tune of Rs.35,000/- for the mental torture, physical harassment and financial loss caused by the opposite parties for no fault on her part. Thus, there is deficiency in service on the part of the opposite parties. She also served registered AD notice dated 9.6.2015 to the opposite parties through her counsel but despite the service of notice, the opposite parties neither redeemed the golden ornaments, nor taken any action into the matter. Hence this complaint.

3.       Upon notice, opposite parties filed their written reply through their counsel by taking preliminary objections to the effect that the complainant has no cause of action to file the present complaint and the complainant does not fall within the definition of consumer as provided under Consumer Protection Act 1986. Actually, the complainant has availed loan against golden ornaments of Rs.47,000/- on 19.2.2014. The said amount was matured on 19.2.2015. The payment of amount of Rs.53,598/- i.e. the principle and interest was due and payable from complainant on 12.3.2015. The complainant failed to make the payment of due amount and nor renewed the same. Lot of written communication has been sent to the complainant in this regard and even the officials of the bank also visited the complainant. The reminder letters dated 13 March, 2015, 28 March, 2015 and 22 April, 2015 have been sent to the communication address registered in the records of the bank and the request has been made for the repayment of the due amount. Even the SMS to the registered mobile has also been sent twice, thirty days prior to the due date and twice within the thirty days after due date requesting repayment of the dues. In the notice 22.4.2015, it has been duly intimated to the complainant to approach the bank and to clear the outstanding amount, failing which ICICI shall have right to recover the amount by selling the assets pledged with the bank. But the complainant neither made the payment  nor responded. In the notice dated 22 April, 2015, the date, venue and time of the auction also given, but there was no response from the complainant due to which the pledged jewels were sent for auction. The articles were auctioned for Rs.56,295/- on 23 May, 2015 and the said amount was adjusted towards the repayment of the dues. The bank has every right to recover the amount pledged and the complainant is wholly responsible for that as the complainant failed to return the amount as fixed. So, there is no deficiency in services on the part of the opposite parties. On merits, it was submitted that the loan facility has been availed on 19 Feb, 2014 for the amount of Rs.47,520/-. The gold articles as per list has been provided and the inventory has been duly made regarding that. The bank admitted only those gold items which are duly mentioned in the inventory prepared. The complainant has to repay the amount on 19.2.2015. The complainant failed to pay the amount. It was further submitted that the complainant never approached the opposite party no.1 for repayment/renewal of loan amount and for redeeming her gold ornaments. The complainant never made any such complaint to the higher officials of the bank and is making false and frivolous story. Actually, the complainant has availed loan against golden ornaments of Rs.47,000/- on 19.2.2014. The said amount was matured on 19.2.2015. The payment of amount of Rs.53,598/- i.e. the principle and interest was due and payable from complainant on 12.3.2015. The complainant failed to make the payment of due amount and neither renew the same. Lot of written communication has been sent to the complainant in this regard and even the officials of the bank also visited the complainant. The reminder letters dated 13 March, 2015, 28 March, 2015 and 22 April, 2015 have been sent to the communication address registered in the records of the bank and the request has been made for the repayment of the due amount. Even the SMS to the registered mobile has also been sent twice, thirty days prior to the due date and twice within the thirty days after due date requesting repayment of the dues. In the notice 22.4.2015, it has been duly intimated to the complainant to approach the bank and to clear the outstanding amount, failing which ICICI shall have right to recover the amount by selling the assets pledged with the bank. But the notice not made the payment and neither responded. In the notice dated 22 April, 2015, the date, venue and time of the auction also given, but there was no response from the complainant due to which the pledged jewels were sent for auction. The articles were auctioned for Rs.56,295/- on 23 May, 2015 and the said amount was adjusted towards the repayment of the dues. The bank has every right to recover the amount pledged and the complainant is wholly responsible for that as the complainant failed to return the amount as fixed. So, there is no deficiency in services on the part of the opposite parties. All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4    Complainant tendered into evidence her own affidavit Ex.CW1/A, alongwith other documents Ex.C1 to Ex.C6 and closed the evidence. 

5.       Counsel for the opposite parties tendered into evidence affidavit of Sh.Kamaldeep Singh Officer of ICICI Bank Ex.OP-1, alongwith other documents Ex.OP-2 to Ex.OP-23 and closed the evidence.

6.        We have intently heard the learned counsels for both the sides on the points of law and have also thoroughly examined the records with requisite care & caution on the points of facts, as placed before us. We find that the present complaint has prompted as a result of the auction sale of the complainant’s Gold at the hands of the OP1 Bank with whom the same was kept as security against the Bank Loan availed under the gold Loan Scheme. We find that there has been diagonally opposite claims/ counters-claims coupled with serious exchange of inter-se accusations by both the litigants on the serious questions of facts pertaining to the repayment of the Gold Loan availed by/ disbursed to the complainant by the OP1 Bank. The complainant has accused the OP1 Bank of ‘mis-guidance’ and having not accepted her loan-repayment deposits ill-intentionally and subsequently auction-sold her security comprising of Gold ornaments and has also duly put forth sufficient documentary evidence vide Ex.C1 to Ex.C6 to support her accusations. On the other hand, the OP Bank has leveled serious allegations of willful default and mis-statements upon the lady complainant with cogent pieces of contesting evidence. We find that a critical examination of the available documentary evidence is necessary along with a detailed examination of the depositions/ witnesses so as to reach a judicious adjudicatory decision and that shall not be feasible under the prescribed ‘summary’ under the applicable statute.

7.       In the light of the all above, we are of the considered opinion that there have indeed been some seriously debatable issues of facts in question pertaining to the dispute that has been the subject matter of the present complaint; the judicious ‘resolve’ of which shall rightly lie within the civil court’s adjudicatory jurisdiction and thus we direct the present complainant to approach the ‘civil court’ of competent jurisdiction for her ‘dispute-resolve’ if she so desires or is so advised.            

8.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to record. 

                                                            (Naveen Puri)

                                                                      President

ANNOUNCED:                                            (Jagdeep Kaur)

February, 11 2016.                                      Member                        

*MK*