COMPLAINT FILED:30.11.2010
DISPOSED ON:05.11.2011.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
5th DAY OF NOVEMBER 2011
PRESENT :-
SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2704/2010
Complainant | Sunil Kumar X, Cl, Block IV, Malnad Towers, 14th Cross, Byrasandra Main Road, G.M.Palya, Bangalore-560 075. Represented by the SPA Holder Sri.R.Shiva Kumar. Advocate :Sri.G.Sukumaran & Associates, V/s. |
OPPOSITE PARTY | M/s Muthoot Fincorp Ltd., I-Floor, C.M.H.Road, Laxmipuram, Indiranagar, Bangaloe-560 038. Represented by its Manager. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against the opposite party (herein after refer to as OP) to return the pledged gold chain weighing 16 grams and pay compensation of Rs.30,000/- with interest on the allegation of deficiency in service on the part of the OP.
2. In spite of service of notice, OP failed to appear, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence and produced documents.
4. The complainant filed written arguments.
5. Arguemnts heard from complainants’ side.
6. After going through the complaint averments, the documents produced and affidavit evidence of the complainant, along with written arguments it becomes clear that the complainant pledged gold chain weighing 16 grams with OP for a sum of Rs.11,600/- on 17.06.2008 and OP has issued the receipt marked as Annexure-A. On 10.06.2009, the complainant approached OP for redeeming the pledged gold chain but OP requested the complainant to come after 2 weeks. Again the complainant visited the OP’s office on 28.06.2009, OP further requested time to settle the amount. The complainant is prepared to pay the entire amount due with interest but OP is not responding to receive the amount and return the pledged article. The complainant got issued legal notice dt.24.07.2010 to OP demanding to return the pledged article after receiving the principle as well as interest amount. OP has not complied the demand and has not replied for the said notice. Annexure-C is the copy of the notice, Annexure-D are the copy of the postal acknowledgment and postal receipt and U.P.C. Thus it becomes clear that in spite of complainant approaching OP to receive the amount due and return the pledged gold chain, OP has not responded for the same. This act of OP in not receiving the amount with interest due and returning the pledged article amounts to unfair trade practice and deficiency in service.
7.The complainant along with written arguments filed the statement by way of Memo of calculation stating that the principle amount due is Rs.11,600/- interest Rs.5,752/- and total amount due is Rs.17,352/- as on 08.06.2011. The complainant is prepared to pay the said amount and redeem the pledged gold chain. OP is liable to return the pledged article on receiving the amount due. The very fact of OP remaining ex-parte leads to draw inference that OP is admitting the claim of the complainant. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP is directed to receive an amount of Rs.17,352/- and return the pledged gold chain weighing 16 grams and pay litigation costs of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of this order.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 5th day of November 2011.)
MEMBER MEMBER PRESIDENT
Cs.
