Haryana

Sonipat

CC/125/2015

MEENAKSHI W/O VED PARKASH - Complainant(s)

Versus

ICICI BANK - Opp.Party(s)

R.L. SINGLA

19 Nov 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SONEPAT.

 

 

Complaint No.125 of 2015                             Instituted on:08.04.2015

                                Date of order:19.11.2015

 

 

Meenakshi wife of Ved Parkash, r/o village Chhapra, tehsil Gohana, distt. Sonepat.

                                   ..Complainant.

 

                     Versus

 

ICICI bank Branch Gohana, distt. Sonepat through its Branch Manager.

                                       ..Respondent.

 

COMPLAINT UNDER SECTION 12 OF

THE CONSUMER PROTECTION ACT,1986

 

BEFORE-  NAGENDER SINGH-PRESIDENT.

PRABHA DEVI-MEMBER.

D.V. RATHI-MEMBER.

 

Argued by: Sh. RL Singla, Adv. for complainant.           

Respondent ex-parte.

 

O R D E R

 

        The present complaint has been filed by the complainant against the respondent alleging therein that

she applied for a loan against gold ornaments and the respondent sanctioned the same for Rs.1,01,500/- for one year w.e.f. 12.11.2013 to 12.11.2014. The said loan was cleared within one year, but inspite of it, the respondent charged the excess rate of interest from the complainant and the respondent without notice to the complainant, has sold the gold ornaments of the complainant and this act and conduct of the respondent has caused unnecessary mental agony and harassment to the complainant. So, she has come to this Forum and has filed the present complaint.

2.       Notice was sent to the respondent through through registered post. But none has appeared on behalf of the respondent and due to this, the respondent was proceeded against ex-parte vide order dated 15.10.2015.

3.       We have heard the ex-parte arguments advanced by the learned counsel for the complainant and have also gone through the entire relevant record placed on the case file very carefully.

4.       Ld. Counsel for the complainant has argued that the complainant has applied for a loan against gold ornaments and the respondent sanctioned the same for Rs.1,01,500/- for one year w.e.f. 12.11.2013 to 12.11.2014. The said loan was cleared within one year, but inspite of it, the respondent charged the excess rate of interest from the complainant and the respondent without notice to the complainant, has sold the gold ornaments of the complainant and this act and conduct of the respondent has caused unnecessary mental agony and harassment to the complainant.

         As per token card, the complainant has deposited 54.720 gm gold and appraisal value of the same was Rs.1,01,539/- on dated 12.11.2013.

         At the time of arguments, the complainant has placed on record the account statement and as per this document, Rs.1,07,150/- has been deposited in the account of the complainant on 25.11.2014.  The loan was sanctioned for Rs.1,01,500/-  and Rs.1,07,150/- were credited in the complainant’s account. The complainant has deposited Rs.10,000/- twice on dated 26.8.2014 and 2.9.2014.  Since the gold was sold by the respondent without the consent and permission of the complainant, in our view, the respondent has no right to retain the amount of Rs.20,000/- which were deposited by the complainant. Accordingly, we hereby direct the respondent to refund the amount of Rs.20,000/- to the complainant  within a period of 45 days from the date of passing of this order, failing which, the above said amount shall fetch interest at the rate of 09% per annum from the date of passing of this order till its realization.

         With these observations, findings and directions, the present complaint stands allowed ex-parte.

         Copy of this order be also sent to the respondents for information and its strict compliance.

             File be consigned after due compliance.

 

 

(Prabha Wati) (D.V.Rathi)           (Nagender Singh)           

Member,DCDRF, Member, DCDRF,          President, DCDRF

Sonepat.      Sonepat.                Sonepat.

 

Announced 19.11.2015