Punjab

Fatehgarh Sahib

CC/88/2016

Harjeet Singh - Complainant(s)

Versus

India Infoline Finance ltd - Opp.Party(s)

Sh Pavitar Singh Barn

27 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, FATEHGARH SAHIB.

Consumer Complaint  No. 88 of 2016

                                                    Date of institution : 05.09.2016                                                    

                                                    Date of decision    : 27.10.2017

Harjeet Singh aged about 27 years son of Sh. Nirmal Singh resident of village Dhirpur, Tehsil and District Fatehgarh Sahib.

……..Complainant

Versus

1. India Infoline Finance Limited, having its registered office at 12A-10, 13^th Floor, Parinee Crescenzo, C-38 and C-39, G-Block, Behind MCA, Bandra Kurla Complex, Bandra East Mumbai-400051 through its Chairman/authorized signatory.
2. India Infoline Finance Limited, having its Branch Office Jassar Complex, Above ING Bank Ltd. Bassi- Sirhind Road, Near Jyoti Sarup Gurudwara Turn, Fatehgarh Sahib, Tehsil and District Fatehgarh Sahib through its Branch Manager Amandeep Singh.

 …..Opposite Parties

Complaint under Sections 12 to 14 of the Consumer Protection Act.

Quorum       

          Sh. Ajit Pal Singh Rajput, President

          Sh. Inder Jit, Member

 

Present :         Sh. Pavitar Singh Barn, Adv.Cl. for the complainant.

                      Sh. G.S.Saini, Adv.Cl. for the OPs.

 

 

 

ORDER

 

By Ajit Pal Singh Rajput, President

 

                     Complainant Harjeet Singh aged about 27 years son of Sh. Nirmal Singh resident of village Dhirpur, Tehsil and District Fatehgarh Sahib, has filed this complaint against the Opposite Parties (hereinafter referred to as the OPs) under Sections 12 to 14  of the Consumer Protection Act. The brief facts of the complaint are as under:

2.              In the month of February 2016, the complainant approached OP No.2 for taking loan against gold and handed over all the requisite documents for loan as demanded by the OPs from the complainant. After the whole conversation between the complainant and the OPs, the OPs sanctioned the loan amount of Rs.40,100/- vide loan account No. GL5993928 to the complainant after pledging his gold weighing 30.70 gram. At the time of sanctioning the said loan, it was settled that the complainant has to pay interest at the rate of 18.96% per annum on the said loan amount and monthly installment was settled to the tune of Rs.1000/- for 11 months regularly.  It was further agreed by the OPs that the complainant has to return the said loan amount till 10.01.2017 and the OPs will not sell the said gold till the  said date. The complainant deposited Rs.1000/- i.e. installment of interest with OP No.2 vide receipt No. RJASS1531860 dated 02.06.2016. Thereafter, the complainant visited office of OP No.2 for depositing the next installment of interest but officials of OP No.2, namely; Navjot Kaur  and Vipul Jindal told that their computer system is not working and the complainant can deposit the said amount in the next month. Thereafter, in the month of August 2016, the complainant again visited office of OP No.2 for depositing the installment of interest but the complainant was shocked to know that OP No.2 sold the gold of the complainant, which was pledged by complainant against the said loan. The OPs cannot sold the said gold till the expiry date i.e. 10.01.2017. Thereafter the complainant visited OP No.2 for getting back his gold, which was sold by the OPs illegally, wrongfully, without the knowledge and consent of the complainant, but the officials of the OPs remained lingering on the matter without any reasonable cause and ultimately they refused to return his gold. The act and conduct of the OPs amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OPs to return the gold weighing 30.70 grams, which was deposited by the complainant against the loan, Rs.5,00,000/- as compensation on account of mental tension, physical harassment and economical loss suffered by the complainant.

3.              The complaint is contested by the OPs, who filed joint written reply.  In reply to the complaint OPs stated that the complainant had deposited only Rs.1000/- out of first installment but failed to deposit the remaining installments of loan amount. When the complainant failed to comply with the terms and conditions of the said loan, then OP No.2 sent a notice to the complainant advising him to deposit the requisite installments of the loan amount with it. But the complainant neither deposited the installments of loan amount nor gave any reply to the said notice. The OPs also sent a notice to the complainant before the sale of gold in auction but again the complainant neither deposited any installments nor gave any reply to said notice. Accordingly, the OPs sold the gold of the complainant in open auction and out of the sale proceeds after satisfying the loan amount, Rs.25,000/- are lying in the office of OP No.2 and the complainant can collect the said amount from the office of OP No.2. Hence, there is no deficiency in service on their part. After denying the other averments made in the complaint, OPs prayed for dismissal of the complaint.

4.              In order to prove his case the complainant tendered in evidence his affidavit Ex. C-1, true copies of receipt of interest payment Ex. C-2, true copy of loan agreement dated 11.02.2016 Ex. C-3, affidavit of Nirmal Singh Ex. C-4, photographs Ex. C-5 to C-7, affidavit of Sanjeev Kumar Ex. C-8, copy of Challan U/s 173 CrPC Ex. C-9, CD Ex. C-10 and closed the evidence. In rebuttal the OPs tendered in evidence affidavit of Ashwani Chadha, Branch Manager, Ex. OP-1, copy of letter dated 22.06.2016 Ex. OP-2, copy of application form Ex. OP-3, copy of account statement Ex. OP-4, copy of receipt Ex. OP-5, copy of voter card Ex. OP-6, copy of termination letter Ex. OP-7, copy of auction of gold in newspaper Ex. OP-8, true copy of authority letter Ex. OP-9 and closed the evidence.

5.              Learned counsel for the complainant has stated that OPs sold the gold of the complainant, which was pledged by complainant against the said loan by not following due procedure. He submitted that no notice was received from the OPs with regard to auction nor his name was published while auction of the gold. Learned counsel pleaded that it is established from the act and conduct of the OPs that they indulged in unfair trade practice and sold the said gold behind the back of the complainant.

6.              On the other hand, learned counsel for the OPs stated that the OPs sent a notice to the complainant before the sale of gold in auction but the complainant neither deposited any installments nor gave any reply to said notice. He pleaded that the OPs sold the gold of the complainant in open auction and out of the sale proceeds after satisfying the loan amount, a sum of Rs.25,000/- is deposited with the office of OP No.2 but the complainant did not turn up to collect the said amount from the office of OP No.2.He argued that the present complaint deserves to be dismissed. Learned counsel for the OPs has relied upon the case titled as Lathika C. Saroja Ganga Nedungolam P.O., Kollam Vs. Branch Manager, Muthoot Finance(P) Ltd. & Ors. decided by Hon'ble National Commission on 04.07.2016 in Review Petition No.166 of 2016.

7.              After hearing the learned Counsel for the parties and going through the pleadings, evidence produced by the parties and the oral arguments and written submissions, it is a admitted fact that complainant had taken a  loan amount of Rs.40,100/- after pledging his gold weighing 30.70 gram for a term of 11 Months and agreed to pay Rs.1000/- towards installments. It is established from the agreement dated 11/02/2016 Ex.C-2 that the OPs sold the pledged gold in auction before the expiry of the agreement between the parties. OPs have relied upon the notice dated 22.06.2016 Ex.OP-2, whereby they intimated the complainant regarding public notice of auction in news paper but failed to prove on record, whether the same was delivered to the complainant or not, no tracing report from postal authorities has been placed on record in order to prove that the said notice was duly received by the complainant. Further the OPs have relied upon the auction notice published in news paper Ex.OP-8, the auction notice does not contain the name of the complainant, only loan number is mentioned. It cannot be expected of a person to remember his loan account number. The citation relied upon by the OPs is not applicable to the facts and circumstance of the present case, hence it cannot be considered.

8.               There is a judgment of  Hon’ble National Commission in the case Ms.Shefali Bhargava Vs Indraprastha Appollo Hospital & Anr,2003(1)CPJ 216 NC, wherein, it was observed by the Hon’ble National Commission that “where party was in a position to produce evidence, if not produced the same, must suffer from adverse inference”.

9.              Accordingly, in view of aforesaid discussion and the judgment of Hon’ble National Commission, we find that OPs have failed to place on record any cogent material, which can establish that the notice of auction Ex.OP-2 was duly delivered to complainant and despite knowledge of auction proceeding, complainant failed to pay the loan amount. Further the OPs have also failed to place on record any document, stating the total price of said gold received by the OPs in the auction. We also find that OPs had indulged in unfair trade practice while handling the case of the complaint in a negligent and arbitrary manner. Hence we direct the OPs to pay current value of gold ornaments(30.70 Grams), after adjusting the principal amount lent to the complainant along with the agreed interest. We further direct the OPs to pay a sum of Rs.10,000/- on account of compensation and Rs.5000/- litigation cost. The present complaint stands allowed. 

10.            Copy of the order be sent to the parties free of cost and thereafter the file be consigned to the record room.

Pronounced

Dated:27.10.2017

(A.P.S.Rajput)                     

    President

 

(Inder Jit)                      

Member