Haryana

Yamunanagar

CC/1226/2012

Surender Rani W/o Som Pal - Complainant(s)

Versus

India Infoline Finance Ltd. - Opp.Party(s)

Bhupinder Singh

18 Apr 2017

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

 

                                                                                          Complaint No. 1226 of 2012

                                                                                          Date of institution: 26.11.2012       

                                                                                          Date of decision: 18.04.2017

 

 

Surender Rani aged about 35 years wife of Shri Som Pal, resident of village Rajehri, Sub Tehsil Radaur, District Yamuna Nagar.

…Complainant.

                                    Versus

India Infoline Finance Ltd., upper side of Allahabad Bank, Opp. Bus Stand Jagadhri through its Branch Manager.

                                 

                                                                                                         …Respondent

BEFORE:       SH. ASHOK KUMAR GARG…………….. PRESIDENT.

                        SH. S.C.SHARMA………………………….MEMBER.

                        SMT. VEENA RANI SHEOKAND ………..MEMBER.

 

Present:          Shri Bhupinder Singh, Advocate for complainant.

                        Shri Amit Bansal, Advocate for respondent.

 

ORDER  (ASHOK KUMAR GARG PRESIDENT)

 

1                      The present complaint has been filed by the complainant under section 12 of the Consumer Protection Act, 1986 amended up to date. 

2.                     Brief facts of the present complaint, as alleged by the complainant, are that complainant was in need of money in the month of November, 2011 so she came in contact with respondent (herein after respondent will be referred as OP Finance Company) who allured the complainant that they will provide the loan to her against Gold at the rate of 1.5% per month. The complainant agreed and obtained a loan of Rs. 7,48,100/- against her gold weighing 346.40 Gms. in the month of November, 2011 and it was settled that the complainant will pay the same in 36 monthly installments of Rs. 30,000/- per month. It has been further mentioned that at the time of disbursement of the loan to the complainant, the OP Finance Company kept Rs. 30,000/- as advance installment and asked the complainant to deposit Rs. 30,000/- per month. The complainant was paying the installments continuously without any default and paid the same up to September, 2012 but the OP Finance Company did not issue any receipt nor provided the loan documents to the complainant inspite of repeated requests and demands. At the time of paying the last installment to the OP Finance Company in the month of September 2012, the complainant asked the OP Finance Company to issue all the receipts but the OP Finance Company postponed the matter on one pretext or the other. However, in the month of October, 2012 the official of the OP Finance Company came to the house of the complainant and demanded the installment of Rs. 30,000/- from the complainant but the complainant refused to pay the same unless the receipts were not issued to her. Upon which, the official of OP Finance Company threatened to the complainant that they will sell the gold ornaments of the complainant, hence there is a deficiency in service and unfair trade practice on the part of the OP Finance Company. Lastly, prayed for directing the OP Finance Company to issue receipt of the installments of Rs. 30,000/- each up to September, 2012 and also to pay compensation as well as litigation expenses and also to retrain the OP Finance Company from selling the gold ornaments.

3                      Upon notice, OP Finance Company appeared and filed its written statement besides preliminary objections stated on merit that complainant was in need of money and she came to the OP Finance Company and the complainant agreed and took the loan from the OP Finance Company to the tune of Rs. 7,48,100/- at the rate of 1.5% per month against her gold weighing 346.40 gms. in the month of November, 2011. The complainant agreed to pay the same in equal 36 monthly installments of Rs. 30,000/- and nothing was hide by the OP Finance Company. All the documents were provided to the complainant regarding the loan amount against gold and weight of the gold. Further, it has also been admitted that an amount of Rs. 30,000/- was charged as advance of one installment from the complainant as per agreement. However, complainant was not paying the installments continuously and the installment was defaulted by the complainant. It has been further mentioned that no installment was ever paid by the complainant in the month of September 2012, so, no question arise to issue the receipt in favour of the complainant. The complainant refused to give the installments due to her bad financial condition. Lastly, prayed for dismissal of complaint as there was no deficiency in service or unfair trade practice on the part of OP Finance Company.

4.                     In support of her case, counsel for the complainant tendered into evidence short affidavit of complainant as Annexure CW/A and documents such as Photocopies of receipts for depositing the gold showing weight and value dated 26.11.2011 as Annexure C-1 to C-8 and closed the evidence on behalf of complainant.

5.                     On the other hand, OP failed to adduce any evidence, hence evidence of the OP Finance Company was closed by court order on dated 25.07.2016.

6.                     We have heard the counsels of both the parties and have gone through the pleadings as well as documents placed on the file very carefully and minutely.

7.                     It is not disputed that complainant not obtained gold loan from the Op Finance Company and deposited the gold weighing 346.40 gms. with the OP on 26.11.2011 as these facts have not been denied by the OP Finance Company and further it is duly evident from the photo copy of receipt Annexure C-1 to C-8. The only version of the complainant is that she was paying the installments regularly with the OP Finance Company but the Op Finance Company has not issued any receipt whereas on the other hand, learned counsel for the OPs argued that complainant has failed to deposit the installments of the loan amount, hence there is no any deficiency in service or unfair trade practice on the part of OP Finance Company.

8.                     After hearing both the parties, we are of the considered view that there is no deficiency in service or unfair trade practice on the part of OP as the complainant has totally failed to prove that she ever deposited any installment with the OP Finance Company. Even, the complainant has not tried to summon the record of the OP Finance Company. It is not the case of the complainant that she paid the installments through cheque or any other documentary mode, even the complainant has also not disclosed any date and month in which she repaid the loan installments. In the absence of any cogent evidence, we are unable to digest that complainant had deposited the entire loan amount against the gold deposited with the OP Finance Company. As the complainant has failed to prove any deficiency in service or unfair trade practice on the part of the OP, hence, we have no option except to dismiss the present complaint.

9.                     Resultantly, we find no merit in the present complaint and the same is hereby dismissed with no order as to costs. However, the complainant is at liberty to redress her grievances with the appropriate Court/ Civil Court, if so advised. A copy of this order be sent to the parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Pronounced in open court:

Dated: 18.04.2017                  

                                               

                                                                                                (ASHOK KUMAR GARG)

                                                                                          PRESIDENT

                                                                                          DCDRF Yamuna Nagar

 

 

                                                                                         

(VEENA RANI SHEOKAND)        ( S.C.SHARMA)

 MEMBER                                        MEMBER