West Bengal

Birbhum

MA/4/2019

Bipad Taran Dey - Complainant(s)

Versus

Manuppuram Finance Ltd. Branch Manager - Opp.Party(s)

11 Jan 2019

ORDER

One Bipad Taran Dey of Dubrajpur Railpara, P.S. Dubrajpur, Dist Birbhum has filed an application U/s 12 of the Consumer Protection Act, 1986 (as amended up to date) against the O.P  to pass an order restraining the OP to initiate the auction process or to sell the gold ornaments through auction process and for other relief. Total valuation is less than Rs. 5 Lacks. Filing of postal order is exempted in view of amended rule 9A of Consumer Protection Rule 1987.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             The case has been filed in time. Register it. Full requisites have been filed.

            The case is taken up for admission hearing as interim petition is filed.

Perused the Complainant and documents.

            Heard.

            We find prima facie case.

Let the case be registarted.

The petitioner also files a petition praying for passing an interim order directing the O.P not to auction sale the gold ornaments deposited in his four Loan Accounts till disposal of this case. The petition be treated as M.A/28/2017.

Heard. Perused the petition filed by the Complainant and documents. Heard LD. Advocate of the Complainant

We find that it is the case of the complainant that he has taken loan of Rs. 41,138/- from the O.P depositing gold ornaments having weight 20 grams. He has been paying the interest regularly. But due to his financial crisis he has been unable to pay interest for second quarter and the O.P has issued notice for auction sale of his gold ornaments by sending massage.

We further find that 20 grams of gold is in custody of the O.P as security of the loan which is much more than loan amount.

So, if the O.P is restrained from auction sale of the deposited gold of the complainant with condition to deposit Rs. 806/- as lumpsum interest before the O.P Manuppuram Finance Ltd. Suri Branch by the complainant within 10 days that would met end of the justice.

Accordingly prayer for interim order (ad interim) is allowed till 08.02.2019. The O.P is restrained from auction sale of the deposited gold of the complainant with condition to deposit Rs. 806/- as lumpsum interest before the O.P Manuppuram Finance Ltd. Suri Branch within 10 days by the complainant.

Let copy of this order be supplied to the complainant at free of cost.

Let the copy of the order be sent to the OP by process server for compliance.

Thus MA is disposed of.

Fix. 08/02/2019 for S/R and appearance.