Complaint filed on: 01.02.2017
Complaint Disposed on:03.11.2017
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT CHICKMAGALUR.
COMPLAINT NO.10/2017
DATED THIS THE 3rd DAY OF NOVEMBER 2017
:PRESENT:
HON’BLE SRI RAVISHANKAR, B.A.L, LL.B., - PRESIDENT
HON’BLE SMT B.U.GEETHA, M. COM., LL.B., -MEMBER
HON’BLE SMT H. MANJULA, B.A.L., LL.B., - MEMBER
COMPLAINANT/S:
B.R.Chandrappa,
S/o Ramalingappa,
Aged about 66 years,
Agriculturist,
R/o Chowlahiriyuru village
& post, Chowlahiriyuru hobli,
Kadur Taluk, Chikmagalur (D).
(By Sri/Smt. K.V.Malleshappa., Advocate)
V/s
OPPONENT/S:
Manager,
Karnataka Bank Limited,
Chowlahiriyuru Branch,
Kadur Taluk, Chikmagalur (D).
(Op -By Sri.T.R.Harish, advocate)
By Hon’ble President Sri. Ravishankar,
:O R D E R:
The complainant filed this complaint U/s 12 of the Consumer Protection Act 1986 against Op alleging deficiency in service in not returning the gold ornaments pledged with them inspite of repayment of entire loan amount. Hence, prays for direction against Op to return the gold ornaments along with compensation for deficiency in service.
2. The brief facts of the complaint is that:
The complainants daughter one Smt.Asha on 13.10.2015 had pledged her gold ornaments and obtained Rs.1,64,500/- loan from Op bank vide account no.5981 under S/B account no.1452500100571801. At the time of obtaining the said gold loan Smt.Asha had made this complainant as nominee to the said loan. Such being the case on 11.05.2016 the daughter of the complainant Smt.Asha died at Chowlahiriyuru village and complainant is only the legal heir of the deceased Smt.Asha. Even though she was married to one person, but they were not living together as there is no cordial relationship and till her death the said Smt.Asha lived at complainant’s house only, the whereabouts of the husband of Smt.Asha is also not known to complainant. After death of the said Smt.Asha complainant had repaid the entire gold loan with interest amount of Rs.1,72,200/- and requested for return of the gold ornaments pledged by daughter of the complainant, but Op instead of returning the gold ornaments had given one or other reasons and not returning the gold ornaments inspite of clearance of the entire gold loan. The complainant on several occasions requested the Op to return the gold ornaments, but Op without any valid reason has not returned the gold ornaments. Hence, Op rendered deficiency in service in not returning the gold ornaments to the complainant. There afterwards complainant issued a legal notice and called upon the Op to return the gold ornaments, even inspite of receipt of the legal notice also Op failed to return the gold ornaments. Hence, prays for direction against Op to return the gold ornaments along with compensation for deficiency in service as prayed above.
3. After service of notice Op appeared through his counsel and filed version and contended that, it is true that the daughter of the complainant one Smt.Asha had availed gold loan of Rs.1,64,500/- in loan account no.5981 from this Op bank, but the complainant is not a nominee to the said loan. There is no procedure of appointing nominee for any loans in this Op bank, the nomination can only be made to the operative accounts and fixed deposits.
This Op do not know that the relationship between Smt.Asha and her husband were not cordial and they are living separately since long time. It is also not known to this Op that the whereabouts of the husband of Smt.Asha is not known either to complainant or to his daughter.
Op further contended that, the complainant had repaid sum of Rs.1,72,200/- on 19.05.2016 and the said amount was remitted to the loan account and now the gold loan stands closed. But this Op is always ready and willing to release the pledged gold ornaments to the legal heirs of Smt.Asha in accordance with law. On closure of the gold loan this Op informed the complainant since the child of the deceased borrower is minor and requested the complainant to produce Guardianship certificate from the court (Court appointed guardian).
The husband and minor children of Smt.Asha are the class one legal heir and they are entitled to obtain the pledged gold ornaments not with complainant, the fact that the complainant had remitted the loan amount to this Op. Hence, they have suggested the complainant to produce Guardianship certificate/Succession Certificate in order to release the gold ornaments.
This Op never show any negligence or deficiency in service in treating the complainant. The notice issued by complainant was suitably replied through their reply notice dated 05.01.2017. Hence, there is no deficiency in service on the part of this Op and prays for dismissal of the complaint.
4. Complainant filed affidavit and marked documents such as Loan Copan marked as Ex.P.1, Challan dated:19.05.2016 towards repayment of the gold loan marked as Ex.P.2, Copy of the death certificate of Smt.B.C.Asha marked as Ex.P.3, Pedigree issued by Deputy Tahasildar, Chowlahiriyuru to show Smt.Asha was a daughter of complainant marked as Ex.P.4, Office copy of the legal notice marked as Ex.P.5 and other documents in support of his claim. Op also filed affidavit and marked Reply to the legal notice to the complainant marked as Ex.R.1.
5. Heard the arguments.
6. In the proceedings, the following points do arise for our consideration and decision:
- Whether there is a deficiency in service on the part of Op?
- Whether complainant entitled for any relief & what Order?
7. Our findings on the above points are as follows:-
- Point No.1: Affirmative.
- Point No.2: As per Order below.
: R E A S O N S :
POINT NOs. 1 & 2:
8. On going through the pleadings, affidavits and documents produced by both complainant and Op, there is no dispute that the deceased daughter of the complainant Smt.Asha had pledged her gold ornaments at Op bank and obtained loan of Rs.1,64,500/-, after obtaining the gold loan she died at complainant’s house and after death of said Smt.Asha complainant had paid entire gold loan amount to Op bank and requested for return of the gold ornaments. But Op has suggested the complainant to provide Succession Certificate/Guardianship Certificate towards minor child of the deceased Smt.Asha. Aggrieving the non return of the gold ornaments complainant filed this complaint and alleges deficiency in service.
Further the complainant has sworn affidavit that late Smt.Asha was married to someone, who was not living with her life time since long time, at the time of death she was living at complainant’s house only, the whereabouts of the husband are also not known to the complainant. Hence, he is the only legal heir of the Smt.Asha and prays for direction for Op to return of the gold ornaments.
9. During course of trial Op bank had not produced any materials to show that at the time of payment of the entire loan anybody has objected for clearance of the loan and even the Op bank has not produced any materials to show any person may be husband of the late Smt.Asha was made attempt for the payment of the gold loan. We observed that the deceased Smt.Asha had obtained gold loan on 13.10.2015 from Op bank, whereas the complainant had repaid the loan amount nearly after lapse of one year i.e., on 19.05.2016. Since, repayment of the gold loan nobody had approached the Op bank in this regard. Hence, we consider that complainant is not sworn false affidavit and what he is stated is true. Hence, if there is no any objections from any other persons for return of the gold ornaments Op bank shall obtain indemnity bond from complainant instead of demanding for Guardianship Certificate. We are of the opinion that obtaining the indemnity bond is sufficient document for return of the gold ornaments to complainant. Hence, Op is directed to release the gold ornaments to complainant by obtaining indemnity bond. As such for the above said reasons, we answer the above Point No.1 and 2 in the Affirmative and proceed to pass the following:-
: O R D E R :
- The complaint filed by the complainant is partly allowed.
- Op is directed to release the gold ornaments to complainant by obtaining indemnity bond within one month from the date of receipt of this order, failing which the payable amount shall carry interest @ 9% P.A. till realization.
- Send free copies of this order to both the parties.
(Dictated to the Stenographer transcribed typed by her, transcript corrected by me and then pronounced in Open Court on this the 3rd day of November 2017).
(B.U.GEETHA) (H.MANJULA) (RAVISHANKAR)
Member Member President
ANNEXURES
Documents produced on behalf of the Complainant/S:
Ex.P.1 - Token issued by Op bank.
Ex.P.2 - Challan dated:19.08.2016.
Ex. P.3 - Death certificate.
Ex. P.4 - Pedigree.
Ex. P.5 - Office copy of legal notice.
Ex. P.6 - Postal Ack. due.
Ex.P.7 - 11th day ceremony card of Smt.Asha.
Ex.P.8 - Copy of temporary ration card.
Documents produced on behalf of the OP/S:
Ex.R.1 - Reply to legal notice.
Dated:03.11.2017 President
District Consumer Forum,
Chikmagalur.
RMA
