Orissa

Cuttak

CC/103/2022

Priya Ranjan Nayak - Complainant(s)

Versus

Manager(Gold Loan Operation),HDFC Bank Ltd - Opp.Party(s)

D N Mishra & associates

29 Sep 2023

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

C.C.No.103/2022

 

Priya anjan Nayak,

S/o: Upendra Kumar Nayak,

At:Station Para,P.O:Kansbahal,

Dist:Sundergarh,Odisha,

Pin-770034.                                                                                    . ... Complainant.

          Vrs.

 

1.       Manager (Gold Loan Operation)

HDFC Bank Ltd.,

Bajarakabati Road Branch,Cuttack.

 

2.       Authorised Officer,

Regd. Office,HDFC Bank Ltd.,

Senapati Bapat Marg,

Lower Parel(West),Mumbai-400013.                                   ....Opp. Parties.                                   

 

 

Present:            Sri Debasish Nayak,President.

                             Sri Sibananda Mohanty,Member.

 

Date of filing:    02.06.2022

Date of Order:  29.09.2023

 

For the complainant:                   Mr. D.N.Mishra,Adv. & Associates.

For the O.Ps               :                      None.

         

Sri Debasish Nayak,President.                       

Case of the complainant bereft unnecessary details as made out from the complaint petition in short is that he had mortgaged gold jewellery like bangles, ear-rings, rings etc with the O.Ps and had obtained finance from them.  Thus, there were three gold loan accounts bearing A/c No.72725259 dated 07.10.2020 of 50 gms. for a finance of Rs.69,000/- with a tenure of 24 months, A/c. No.73253954 dated 29.9.2021 of 15.050gm. for a finance of Rs.44,400/- with tenure of 30 months and A/c. No.73148086 dated 27.7.2021 having finance of Rs.2,50,000/- for 97 gms with a tenure of 15 months.  The complainant was paying the E.M.Is consistently but due to the Corona pandemic, he became defaulter and was jobless for which he could not repay the EMI amounting to Rs.3788/- for three months effective from February,2022 till April,2022.   Though he committed to clear up the defaulted amount, the O.Ps had proceeded to close the three gold loan accounts on 26.4.2022 without giving him any notice or opportunity.  The O.P bank had proceeded to auction the gold ornaments of the complainant worth of Rs.8,70,000/-.  The complainant had sent legal notice to the O.Ps on 30.4.2021 and ultimately having no other way out, has filed this case against the O.Ps claiming from them a sum of Rs.30,000/- towards his mental agony and harassment, a sum of Rs.20,000/- towards cheating, a sum of Rs.8,70,000/- towards the cost of the gold ornaments, a sum of Rs.50,000/- towards compensation for causing loss and a sum of Rs.10,000/- towards his litigation cost.  Thus, he has prayed through his complaint petition seeking direction from this Commission to the O.Ps to return his pledged gold ornaments in respect of the three gold loan accounts or to pay him the present market value of the said gold ornaments amounting to Rs.8,70,000/- alongwith interest thereon and further to pay a sum of Rs.2,10,000/- including compensation causing loss and mental agony with harassment alongwith litigation expenses and further a sum of Rs.1,00,000/- towards unfair trade practice by the O.Ps.  He has also prayed for any other reliefs as deemed fit and proper.

          Alongwith his complaint petition, the complainant has filed copies of several documents in order to prove his case.

2.       Having not preferred to contest this case, the O.Ps were set exparte vide order dt.29.9.2022.

3.       The points for determination in this case are as follows:

i.          Whether the case of the complainant is maintainable?

ii.         Whether there was any deficiency in service on the part of the O.Ps and if they had practised  unfair trade ?

iii.        Whether the complainant is entitled to the reliefs as claimed by him?

Point no.ii.

Out of the three points, point no.ii  being the pertinent one, is taken up  first for consideration here in this case.

After perusing the averments as mentioned in the complaint petition and after going through the copies of several documents as available in this case record having been filed by the complainant so also after perusing the written notes of submissions filed from either sides, it is noticed that admittedly the complainant had procured finance from the O.Ps by pledging gold ornaments and accordingly three gold loan accounts were opened in favour of the complainant.  It is admitted fact of the complainant that during Corona pandemic period he had defaulted in paying the E.M.Is on three occasions as because he was  jobless.  It is the contention of the complainant that though he had assured to clear the arrear EMIs, the O.Ps had hastily closed the three gold loan accounts and had sold his gold ornaments through auction without serving any notice upon him.  Admittedly, the complainant had entered into the loan agreements with the O.Ps while pledging his gold ornaments and obtaining gold loan in lieu of the three gold loan accounts.  When he had executed the said agreements with the O.Ps, undoubtedly he is to abide by the terms and conditions of the said gold loan agreements.  When it is admitted by him that he defaulted and could not pay the EMIs on three occasions, it is needless to say that the O.Ps had proceeded as per law since because the complainant had violated the terms and conditions of the said gold loan agreements.  As it appears from the written notes of submissions of the O.Ps, that when the complainant defaulted in repaying the regular EMIs though sufficient opportunities were given to him and also reasonable time was given to him to clear the defaulted amounts but when inspite of serving notices upon him on several occasions for closing the loan account the complainant had not responded, the O.Ps had sold the pledged gold ornaments of the complainant as per the provisions of law.   As it appears from the copies of the annexures as filed by the complainant, it is noticed that quite clearly it is mentioned therein that in case of violation of repayment of the EMIs, the recourses which are to be adopted by the financier/O.Ps.  That apart, though the complainant has mentioned in his complaint petition that inspite of his several efforts and requests that he was ready to clear the defaulted EMIs, the O.Ps had not listened to him gains absolutely no corroboration from any corner.  Moreso, there is no scrap of document to that effect in order to apprise this Commission that infact the complainant had expressed his desire by writing to the O.Ps that infact he  was ready and willing to clear the defaulted arrear amounts.  In absence of the same and when there is no iota of evidence to justify the claim or plea as made by the complainant, this Commission finds no deficiency in service on the part of the O.Ps, when they had sold the pledged gold ornaments of the complainant in order to close the gold loan accounts those which were opened while enabling the complainant to avail the gold loans.  This Commission also finds no practise of unfair trade by the O.Ps.  Accordingly, this point is answered in favour of the O.Ps.

Points no.i & iii.

From the discussions as made above, the case of the complainant is not maintainable and the complainant is not entitled to the reliefs as claimed by him.

 

                                              ORDER

Case is dismissed exparte against the O.Ps and as regards to the facts and circumstances of the case without any cost.

Order pronounced in the open court on the 29^th day of September,2023 under the seal and signature of this Commission.  

                                                                                                                                                                                            

                                                                                             Sri Debasish Nayak

                                                                                                       President

                                                                                            Sri Sibananda Mohanty

                                                                                                   Member