Orissa

Cuttak

CC/88/2021

Himansu Sekhar Rout - Complainant(s)

Versus

Manapuram Finance Ltd - Opp.Party(s)

S K Mishra

16 Nov 2022

ORDER

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

C.C.No.88/2021

 

HimansuSekhar Rout,

S/O:DhrubaCharan Rout,

At:MalliaSahi,Jobra,P.S:Malgodown,

Dist:Cuttack.                                                                                     ... Complainant.

 

                                                Vrs.

1.        Managing Director,

Manapuram Finance Limited,

IV/1470(Old),w638A,NewManapuram House,

Valpad,Thrissua,Kerala,India-680567.

 

2.        Branch Manager,

Manapuram Finance Limited,

College Square,Cuttack.                                                  ... Opp. Parties.

 

 

Present:               Sri DebasishNayak,President.

                                Sri SibanandaMohanty,Member.

 

Date of filing:     26.04.2021

Date of Order:   16.11.2022

 

For the complainant:          Mr.S.K.Mishra,Adv.& Associates.

For the O.Ps               :          Mr.T.K.J.Samanta,Advocate.

 

Sri DebasishNayak,President.                                      

            Case of the complainant as made out from the complaint petition in short is that the complainant in order to avail some loan had pledged his gold ornaments weighing 80.10 gms. vide pledged no.0114700730027986 and thereby a sum of Rs.2,82,596/- was sanctioned by the O.Ps in his favour on 11.9.20.But, due to the pandemic situation, the complainant became defaulter in one or two occasions for which the loan account was renewed.  There was arrear of Rs.3,30,741/- outstanding against the complainant which the complainant was astonished to know.  He is willing to pay the said arrear amount of Rs.3,30,741/-.  The complainant has also mentioned to clear the outstanding amount when the complainant knew that the O.Ps have set his pledged gold ornaments for auction, he has approached this Commission seeking directions to the O.Ps to stop the auction since because he is not noticed therein and also to allow him time and opportunity to repay the loan.

            The complainant has filed copies of certain documents in order to prove his case.

2.         The O.Ps have contested this case and filed their joint written version through which they have pleaded that the case of the complainant is liable to be dismissed.  They admit about the Pledge bearing no.0114700730027986 by virtue of which the complainant had pledged his gold ornaments weighing 80.10 gms. and they had sanctioned a loan of Rs.2,82,596/- to the complainant on 11.9.20.  The instalment was fixed to be of Rs.20,640/- starting from the month of March2021.  Since because the complainant had not repaid the loan outstanding inspite of repeated requests made to him, the O.Ps had sent notices to him for the same giving opportunity to him in order to clear the same and ultimately they had to make paper publication to that effect in local daily Newspapers.  According to them, they being the financier have not provided any service to the complainant nor had the complainant availed any service from them.  According to them the complaint petition being devoid of any merit and being not maintainable is liable to be dismissed.

            They have filed copies of certain relevant documents in order to prove their case.

3.         Keeping in mind the averments as made in the complaint petition and the contents of the written versions this Commission thinks it proper to settle the following issues in order to arrive at a proper conclusion.

i.          Whether the case of the complainant is maintainable ?

ii.         Whether there was any deficiency in service on the part of the O.Ps ?

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

The complainant as well as the O.Ps have filed evidence affidavit but on perusal of those, it is noticed that the complainant through his evidence affidavit has reiteratedhis own averments as made by him in his complaint petition likewise, the O.Ps through one RakeshParida have reiterated their averments as made by them in their written version.

Issue no.ii.

Out of the three issues, issue no.ii being the pertinent issue is taken up first to be considered here in this case.

Admittedly, the complainant has availed a gold loan to the tune of Rs.2,82,596/- on 11.9.20 by virtue of pledging certain gold ornaments weighing 80.10 gms. tothe O.Ps.  As per the pledged Loan Agreement, the complainant is required to pay the regular monthly instalments as agreed by both the parties therein.  Admittedly, the complainant became a defaulter and it is the case of the O.Ps that inspite of several notices and paper publications, the complainant had not turned up for which they had set the pledged gold ornaments of the complainant weighing 80.10 gms for auction.  That apart, as per the decision of the Hon’ble Apex Court, the financier is never a service provider and the loanee cannot claim to be availing service from the financier.  When there is deviation to the terms and conditions of the loan agreement and when the complainant became a defaulter and had not turned up even after the notices and several requests as made to him, the claim of the complainant that he was not given auction notice and that he is ready to repay the outstanding arrears as made subsequently, does not hold good here in this case.  Thus, this Commission do not find any infirmity or latches in order to attract the deficiency in service here in this case.  Accordingly, this issue goes in favour of the O.Ps.

Issues no.i& iii.

            From the discussions as made above, it can never be said here that the case as filed by the complainant is maintainable and the complainant is entitled to any of the reliefs as claimed by him.  Hence it is so ordered;

ORDER

            Case is dismissed  on contest 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 16^th day of   November,2022 under the seal and signature of this Commission.     

                                                                                                                                Sri Debasish Nayak

                                                                                                                                            President

                       

                                                                                                                                                                  Sri Sibananda Mohanty

                                                                                                                                                Member