Delhi

StateCommission

A/714/2014

M/S MUTHOOT FINANCE LTD. - Complainant(s)

Versus

MR. RAHUL CHANDRA - Opp.Party(s)

18 Dec 2017

ORDER

 IN THE STATE COMMISSION : DELHI

(Constituted under Section 9 of the Consumer Protection Act, 1986)

 

 

Date of Decision: 18.12.2017

 

 

First Appeal No.714/2014

(Arising out of the order dated 08.10.2009 passed in Complaint Case No.588/2009 by the District Consumer Disputes Redressal Forum, (VI) Vikas Bhawan, New Delhi)

 

M/s. Muthoot Finance Ltd.

Muthoot Towers,

2-4, Community Centre,

Alaknand, New Delhi -110019.                                            ….Appellant

 

Versus

 

Shri Rahul Chandra,

C-66, Telecome Staff Quarters,

Vivek Vihar, Delhi -110095.                                              ….Respondent

 

 

CORAM

Justice Veena Birbal, President

Ms. Salma Noor, Member

 

1.  Whether reporters of local newspaper be allowed to see the judgment?

    

2. To be referred to the reporter or not?

 

Justice Veena Birbal, President

 

1. This is an appeal under Section 15 of the Consumer Protection Act, 1986 (in short, “the Act”) wherein challenge is made to order dated 08.10.2009 passed by the District Consumer Disputes Redressal Forum (VI), (in short, “the District Forum”) in CC No.588/2009 by which complaint filed by the respondent herein i.e. the complaint before District Forum has been allowed.
2. The facts relevant for the present appeal are that the respondent herein i.e. complainant before the District Forum had filed a complaint under Section 12 of the Act stating therein that he had taken loan of Rs.1,25,000/- from the appellant/OP against the gold of 178.000 grm.  It was alleged that the respondent/complainant had paid three months advance interest to the appellant/OP and got the loan renewed. However, subsequent interest could not be paid and thereafter due to medical reasons he could not go to the office of the appellant/OP for making payment towards interest. It was alleged that in the month of March, 2008 appellant/OP visited the respondent/complainant and demanded Rs.5,000/- which was paid by the respondent/complainant and thereafter some more payments were made. It was alleged that in November 2009, respondent/complainant received a notice from the appellant/OP for payment on or before 15.12.008 failing whc8hi gold will be auctioned. Thereupon, he visited the office of the appellant/OP for paying all balance amount and taking his gold back. It was alleged the appellant/OP assured the respondent/complainant that they will return the gold within 2-3 days but the appellant/OP did not return the same as promised. Thereafter the respondent/complainant filed the aforesaid complaint before District Forum for refund of gold and to pay compensation and litigation costs.
3. Perusal of the record shows that appellant/OP did not appear before District Forum and was proceeded ex-parte. After considering the ex-parte evidence of the respondent/complainant, the District Forum directed the appellant/OP to pay the price of the gold i.e. Rs.2,49,000/- minus principal loan amount Rs.1,25,000/-, 10,000/- as compensation to the respondent/complainant and Rs.5,000/- as costs of litigation. 
4. Aggrieved with the aforesaid order, present appeal has been filed.
5. Ld. counsel for the appellant/OP submitted that appellant was never served before the District Forum. It is stated that wrong address of the appellant was given before the Ld. District Forum. It is stated that the appellant/OP came to know about the present proceedings only on 02.07.2014 when a police constable came to the corporate office of the appellant/OP for serving bailable warrants. It is stated that complete address of the appellant/OP was not given by the respondent/complainant due to which notice could not be served.
6. We have gone through the material on record as well as District Forum record. There is an affidavit filed on behalf of the respondent/complainant wherein it is stated that the advocate of the respondent/complainant had gone to the office of the appellant/OP for service of ‘dasti’ notice, but the appellant/OP refused to take the same and accordingly, the notice was sent by speed post.  In the affidavit, neither the name of the person who refused to take the dasti summons is mentioned nor there is any date and time when the advocate of respondent/complainant had gone to serve the notice upon the appellant/OP. According to the appellant/OP, notice has not been sent at the correct address. It is stated that the correct address of the appellant/OP is “M/s. Muthoot Finance Pvt. Limited, A-6, 1^st Floor, (Above Post Office), Connaught Place, New Delhi -110001, whereas the address mentioned in the complaint as well as in the notice is “M/s. Muthoot Finance Pvt. Limited, A-6, 1^st Floor, (Above Post Office), New Delhi -110001”. The name of place where office of appellant/OP is located is not mentioned.
7. The material on record shows that complete address of the appellant/OP was not given by the respondent/complainant due to which notice could not be served upon the appellant/OP. The affidavit of service by dasti notice is not believable due to not giving complete particulars. In these circumstances, it cannot be said the appellant/OP was served before the District Forum.
8. Nothing contrary is pointed out on behalf of the respondent. Accordingly, we accept this appeal, set aside the impugned order subject to payment of costs of Rs.5,000/- to the respondent/complainant.
9. Let parties appear before the Ld. District Forum on 24.01.2018. On the said date the appellant/OP shall file its written statement and also pay the costs to the respondent/complainant. Thereafter, Ld. District Forum shall proceed in the matter in accordance with law.
10. Appeal stands disposed of.
11. A copy of this order as per the statutory requirement be forwarded to the parties free of charge and also to the concerned District Forum.  The file received from District Forum be also sent back alongwith copy of this order.

              File be consigned to Record Room.

 

 

(Justice Veena Birbal)

President

 

 

(Salma Noor)

Member