Versus
- IIFL Finance, Indian Infoline Finance Limited, Regd. Office No.8012, 8th Floor, Hubtown Solaries, Prof N.S. Phadke Marg, Vijay Nagar, Andheri (East) Mumbai through its Director-400069.
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- IIFL Finance, Branch Hambran Road, Near Ramsharnam, Haibowal Kalan, Ludhiana through its Branch Manager-141001. …..Opposite parties
Complaint under Section 35 of Consumer Protection Act, 2019.
QUORUM:
SH. SANJEEV BATRA, PRESIDENT
SH. JASWINDER SINGH, MEMBER
MS. MONIKA BHAGAT, MEMBER
COUNSEL FOR THE PARTIES:
For complainant : Sh. Gurpreet Singh Sidhu in person.
For OPs : Exparte.
ORDER
PER SANJEEV BATRA, PRESIDENT
1. In brief, the facts of the case are that the complainant is a practicing Advocate at District Courts, Ludhiana. Opposite party No.1 being a Limited company deals in field of gold loan having its branch office i.e. opposite party No.2 who provides gold loan on behalf of opposite party No.1. The representative of the opposite parties approached the complainant and offered gold loan on very low rate of interest. Acting upon the assurance, on 06.02.2020, the complainant took loan of Rs.13,510/- on one gold ring weighing 4.98 gram vide gold loan No.GL13672109. The interest was settled @ 1% i.e. to the tune of Rs.250/- per month which the complainant paid till today. The complainant stated that on 29.09.2021, he visited opposite party No.2 with sum of Rs.13,500/- and interest and when he demanded his account statement/loan statement, then the opposite party refused to give the same and told that the said gold has been auctioned. The opposite parties also refused to give the details of auction amount. The complainant issued legal notice dated 04.10.2021 to the opposite parties in response to which the opposite parties sent a false text message on 28.10.2021 to the complainant. The complainant again sent a reminder notice dated 25.04.2022 but no response was given by the opposite parties. Thus, the opposite parties have rendered deficient services and have adopted unfair trade practice causing physical, mental agony and harassment to the complainant. Hence this complaint whereby the complainant has sought direction to the opposite parties to issue/supply the auction report regarding the gold of the complainant and to pay Rs.1,00,000/- as compensation besides Rs.25,000/- on account of litigation costs.
2. Upon notice, initially Sh. Rahul Sharma, Advocate appeared and filed memo of appearance on behalf of the opposite parties. Thereafter, the opposite parties absented themselves from the proceedings and were proceeded against exparte vide order dated 21.11.2022.
3. In support of his exparte claim, the complainant tendered affidavit Ex. CA in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of his aadhar card, Ex. C2 is the copy of gold loan borrower copy, Ex. C3 is the legal notice dated 04.10.2021, Ex. C4 is the copy of postal receipts, Ex. C5 is the legal notice dated 22.04.2022, Ex. C6 is the postal receipts, Ex. C7 and Ex. C8 are the copies of consignment tracking record of India Post and closed the evidence.
4. We have heard the arguments of the complainant and also gone through the complaint, affidavit and annexed documents produced on record by the complainant.
5. In the present case, the availing of gold loan, settlement of terms of loan, its repayment schedule is not a subject matter of controversy. Rather the grievance of the complainant is that on 29.09.2021 when he approached the office of opposite party No.2 along with outstanding loan amount of Rs.13,500/- along with interest and charges but it was told that the opposite parties have auctioned the gold. Further they refused to provide the statement of account and the documents of auction to the complainant so that the complainant could be in position to ascertain how and under what circumstances the auction took place. The complainant has got right to inspect and demand the documents being a borrower of the opposite parties. Non-supply of the auction documents to the complainant amounts to deficiency in service and unfair trade practice on the part of the opposite parties. Section 2(9) of the Consumer Protection Act, 2019 provides about the consumer rights. It also provides that the consumer has right to be informed about the product or services so that he may be protected against unfair trade practices. He has further right to seek redressal against such unfair trade practice so to prevent further exploitation. So in the given facts and circumstances, the case of the complainant succeeds and it would be just and appropriate if the opposite parties are directed to supply the auction report/documents of gold ring of the complainant along with compensation of Rs.3000/-. As the complainant himself is a practicing lawyer and appeared in person and pursued his complaint so this Commission is not inclined to accede to his request for grant of litigation expenses.
6. As a result of above discussion, the complaint is partly allowed with direction to the opposite parties to supply the auction report/documents regarding gold ring of the complainant within 15 days from the date of receipt of copy of order. The opposite parties shall further pay compensation of Rs.3,000/- (Rupees Three Thousand only) to complainant within 30 days from the date of receipt of copy of the orders. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:20.01.2023.
Gobind Ram.
Gurpreet Singh Sidhu Vs IIFL Finance CC/22/233
Present: Complainant Sh. Gurpreet Singh Sidhu in person.
OPs exparte.
Arguments heard. Vide separate detailed order of today, the complaint is partly allowed with direction to the opposite parties to supply the auction report/documents regarding gold ring of the complainant within 15 days from the date of receipt of copy of order. The opposite parties shall further pay compensation of Rs.3,000/- (Rupees Three Thousand only) to complainant within 30 days from the date of receipt of copy of the orders. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.
Monika Bhagat) (Jaswinder Singh) (Sanjeev Batra) Member Member President
Announced in Open Commission.
Dated:20.01.2023.
Gobind Ram.
