J U D G M E N T
Sri B. C. Sahoo , Member - This is a complaint under section 12 of C.P Act by the complainant Sri Benudhar Sahoo of village Machhipada under the District of Nayagarh with the following prayers.
1. To return the gold ornaments wighted 36.600 grams mortgaged for gold loan in OP Bank .
2. To pay a ;sum of Rs.20000/- to-wrds harassment, mental agony loss and financial expenses.
3. To pay a sum of Rs.10,000/- towards litigation expenses.
The case of complainant in brief is that the complainant availed a gold loan of Rs.69,000/- from OP Bank mortgaging his gold articles weighted 36.600 grams on dt 04.1.2013 vide loan A/c No.078005004527. The matured date for repayment of loan was 04.7.2013. Due to poor financial condition the complainant could not pay back his gold loan on matured date 04.7.2013. So the complainant informed the OP in writing on 04.7.2013 that due to financial difficulties he could not repay the loan and request to allow him six months time to clear up the loan. The OP received his representation and granted the prayer of complainant. The OP assured the complainant to extend six month if interest amount of Rs.6000/- would be paid by him. Accordingly the complainant paid ;Rs.6000/- in the Bank against his loan account vide receipt dated 04.7.2013.
That the OP issued a letter to complainant for auction of said gold articles
vide his letter No. AU/P352920/21579/07800500 4527 dated 21.9.2013. The date of auction was fixed to 19.10.13. The complainant in his letter dated 05.10.2013 requested the Collection Manager, Ramesh Das not to auction his gold articles as the OP extended six months time for closure of his loan . The complainant also told that he would close his loan within the stipulated period.
On 02.1.2014 the complainant went to the OP to close his loan and bring back his gold articles. The OP kept some signatures of the complainant in the Bank records and said that after recommendation from the Head office the gold articles would be returned back and the loan account would be closed for which the OP took one month time. Thereafter the complainant visited the OP three times to get his matter settled but the OP took time every time and finally the OP told him that his gold articles had been auctioned in the month of November, 2013. There was no prior notice by OP to the complainant regarding auction of his golden articles nor ;any notice served for payment of any default amount. The complainant was ready for payment of loan amount but the OP illegally auctioned his gold article for which this complaint is filed by the complainant.
Notice was issued to OP to file written version to the complaint. OP appeared through Advocate Sri A.K. Mohanty on 15.7.2014 and files a time ;petition to file written version. Time petition was allowed fixing 01.8.2014 for filing written version by OP. But on 01.8.14 the Advocate for OP though files Hazira did not file written version nor filed any time petition for filing written version.
Hence the OP is set ex-parte on 01.8.2014.
The complainant filed his evidence on affidavit on 12.8.2014 and ex-parte hearing was made on 22.8.2014.
JUDGMENT
The OP did not file written version to the complaint nor filed any evidence on his behalf . Therefore the complaint is to be decided ex-parte on the basis of evidence and documents filed by the complainant.
The fact is that the complainant took gold loan of Rs.69,000/- from the OP bank which was due to repayment on 047.2013. But the complainant could not repay his loan on the scheduled date. He went to the OP on 04.7.13 and expressed his inability to payback the loan and requested him in writing to allow him six months time for payment of the loan . The OP received the written application from the complainant on dt. 04.7.2014 and allowed six months time for payment of his loan . The OP instructed the complaint to pay Rs.6,000/- to-wards interest of gold loan. As per instruction of OP the complainant also deposited Rs.6,000/- on the same day i.e on 04.7.2014. Surprisingly the OP issued a letter bearing No. AU/P/352920/21579/078005004527 dated 21.9.2013 for auction of gold articles of complainant. The complainant on receipt of auction notice met the Collection Manager, Sri Ramesh Das on 05.10.2013 and requested him not to auction his gold as the OP allowed him six months
time. He also gave in writing to the OP on 05.10.2013 on this issue which was received by the OP.
Taking into account six months time as allowed by OP the loan amount was due for payment on 04.01.2014 . The complainant went to OP on 02.1.2014 before the scheduled time ( as per the request letter ) to close his loan and get back of his gold . The OP took some signatures of the complainant in the Bank records and said that after recommendation from Head Office . The OP took time and finally on 9.5.2014 the OIP informed the complainant regarding auction of his gold articles.
It is clearly evident from documentary evidence filed by complainant that the OP committed the mistake by auctioning the gold articles prior to the date allowed by him. Hence there is deficiency in service by the OP . We therefore order
ORDER
The complaint is allowed ex-parte. The OP is directed to return the gold articles weighted 36.600 grams mortgaged by complainant on payment or loan dues alternatively pay the differential amount of market value of said gold articles and to pay compensation of Rs.10,000/- to-wards harassment and mental agony and Rs.5000/- to-wards litigation expenses within a period of two months from the date of this order failing which OP is liable to pay interest @ 12% per annum till its realisation.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 02nd September , 2014.
