MR. BIBEKANANDA DAS, MEMBER:-
Complainant has filed the C.C.Case U/S-35 of C.P.Act, 2019 seeking following relief; Honbl’e Commission after hearing from both parties and may kindly be directed to the Op to calculate the loan amount at agreed rate of interest @12.60% instead of 20% illegally & arbitrarily assessed by the Op, in exclusion of the period of COVID-19 as per R.B.I. guideline and award a compensation of Rs. 1,00,000/- to the Complainant against the Op for causing mental torture, harassment to him for unfair trade practice & deficiency in service.
Brief fact of the case is that Complainant has availed a Gold loan from the office of Opp. Party bearing Gold loan A./C No. 327905000672, sanction reference No. 140-2286950 amounting Rs. 30,300/- on January-2018 @12.60% per annum interest and the is paying the monthly payment installment regularly to the Op-office under proper receipt. That on situation COVID-19 on March 2020 the lock down period started, the Complainant become unable to fulfill/pay the amount which is fixed at the loan period and now the Op-Office arbitrarily calculating the loan advance and due @20% interest for that period of COVID-19 and lock down situation which is excessive and penal on the part of Op amounting to deficiency in service as a banker and unfair trade practice. Complainant has sustained mental torture, harassment & humiliation causing several disease Blood pressure etc. upon him on account of tension caused to him by the Op entitling him for an equitable compensation of Rs. 50,000/- under the Consumer protection Act & rules. The Complainant has also issue an Advocate notice to the Op but no effect as is has not been responded by him. The Op is not entitle to impose penal interest @20% instead of 12.60% as per contract of the loan during Covid-19 period as per guideline of RBI that no coercive steps shall be taken by the Banker during the pandemic Covide-19 period and as such the Op is also not legally entitle to put the Gold pledged into public auction on failure of the Complainant to comply the installment of the loan calculated on illegal penal rate of interest @20% arbitrary by the bank which the Complainant is not legally obliged to pay. Complainant is a bonafide consumer & ready and willing to pay the agreed rate of interest on the loan on exclusion of the COVID-19 period and Honbl’e Court may be pleased to direct the Op to accept correctly calculated loan amount from the Complainant on release of the Gold pledged in his favour, on satisfaction of the loan amount and the Op also be directed not to put the Gold pledged by the Complainant into public auction without proper approval of the Honbl’e Court.
The Op have filed their written version stating therein that “The Complainant had availed from Op-Bank against pledge of gold on 03.01.2018 vide loan account No. 327905000672. The pledged gold ornaments consisted of total 4 items of gross weight 16.00gms & net weight of 15.31 gms. The pledged ornaments were valued of Rs. 30,345/- and against pledged ornaments the loan of Rs. 30,300/- was sanctioned and disbursed to the Complainant. Copies of the loan application form and the Appraiser’s Certificate re appended here to and marked as Annexure ‘A’ for kind appreciation of this Honbl’e Commission. The gold loan was supposed to be closed or renewed on or before 03.01.2019. However, the Complainant failed to discharge his liability and remain idle about the loan. Since the gold loan was neither renewed nor closed a Demand Notice dt. 19.01.2019, making demand of the outstanding amount, was issued to the Complainant. A copy of the Demand Notice is appended here to and marked as Annexure “B” for kind appreciation of this Honbl’e Commission. Since dt. 19.01.2019 was not responded, the Op-Bank vide letter dt. 22.03.2019, issued a loan Recall notice recalling inter alia demanding the entire outstanding dues in respect of the loan account. The letter dt. 22.03.2019 also failed to draw any response for the Complainant. A copy of the loan Recall notice is appended hereto and marked as. The Op-Bank therefore, in order to recover the outstanding dues in respect of the loan account proceeded for enforcement of security notice dt. 12.07.2019 and paper publications of the auction notice on dt. 29.07.2019 in two leading newspapers one in English daily “the political & business daily” and the other one is daily “ The Prajatantra copies of the Enforcement of Security notice dt. 12.07.2019 and paper publications of the auction notice appended hereto and marked as Annexure D & E series. Since all the correspondences made by the Bank remained futile to draw any response of the Complainant, the Op-Bank auctioned the gold ornament on dt. 29.01.2020 for an amount of Rs. 43,760/- against an outstandings Rs. 43,875.54/-. The sale amount was Rs.97.54 was less than the outstanding dues. As a service gesture and bonafideness the Op Bank has waived of said dues and closed the loan account dt. 02.08.2022 is appended hereto and marked as Annexure “F”.
Since the Complainant is a willful defaulter and there is no proof that Complainant was paying the interest regularly and Op. Party have already auctioned the gold much prior to filing of C.C.Case which the Complainant has deliberately & intentionally suppressed goes to prove that Complainant has not come to this Commission with a clean hand. The Op. Party has auctioned the gold ornaments on dt. 29.01.2020 for an amount of Rs. 43,760/- as against outstanding amount of Rs. 43.875.54 and rest amount was waived by the Opp.party Bank as a good gesture and bonafidesness and closed the loan account.
From the aforesaid fact we do not find any deficiency in service or unfair trade practice on part of the Op.Party. As such the Complainant has failed to make out a case in his favour. The complaint petition is devoid of any merit and as such the present C.C.Case No. 14/2021 is hereby dismissed. No order as to Cost.
Issue extract of order to the parties are concerned.
Pronounced in the Open Commission on this the 12th July, 2023.
I, agree.
Sd/- Sd/-
PRESIDENT MEMBER
