Tamil Nadu

South Chennai

CC/386/2017

C.Tamilselvan - Complainant(s)

Versus

M/s.Muthoot Finance Ltd.Corporate office - Opp.Party(s)

K.Mutharaiyan

19 Dec 2019

ORDER

                                                                             Date of filing      : 21.11.2017

                                                                               Date of Disposal : 19.12.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.386/2017

DATED THIS THURSDAY THE 19^TH DAY OF DECEMBER 2019

                                 

C. Tamilselvan,

S/o. Late. Ceeralapandian,

Door No.25/4, Sri Abirami Flats,

Third Main Road,

Dhandeeswaram Nagar,

Velachery,

Chennai – 600 042.                                                        .. Complainant.  

                                                                                               ..Versus..

 

 

1. M/s. Muthoot Finance Ltd.,

Corporate Office,

2^nd Floor, Muthoot Chamber,

Opp. Saritha Theatre,

Banerji Road,

Ernakulam,

Kerala – 682 018.

 

2. M/s. Muthoot Finance Ltd.,

Rep. by its Branch Manager,

No.2/1A, Old Karnam Street,

Velachery,

Chennai – 600 042.                                                ..  Opposite parties.

 

Counsel for the complainant         : M/s. K. Mutharaiyan

Counsel for the opposite parties  : Mrs. Reshmi Chirsty & another

 

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to pay a sum of Rs.5,00,000/- towards compensation for untold mental agony which leads to tension and stress and adversely lowering the complainant’s reputation in front their officials and general public and further affecting the complainant’s wife mental health due to the act of the 2^nd opposite party’s negligence and deficiency in service with cost to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he borrowed a sum of Rs.3,07,800/- on pledging of gold jewels weighing 154.100 gms vide Loan No.MPL 33 on 21.05.2016.  On the same day, the complainant also availed a loan of Rs.40,500/- by pledging his gold jewels where in 22.700 gms vide loan No.MAL 2518.  The complainant submits that he settled the entire loan amount against the said two gold jewel loans and renewed the said loans for Rs.2,95,000/- & Rs.43,800/- on 29.07.2017 vide loan Nos.01180/WBS/00007 & No.01180/MSL/011608 respectively. The complainant submits that the 2^nd opposite party issued two auction notices dated:20.07.2017 stated that the amount of Rs.4,06,798/- under Loan No.MPL 33 and the amount of Rs.46,958/- under Loan No.MAL 2518 dated:21.05.2016 are due to the 2^nd opposite party is forced to sell the gold jewels lying under the said loan accounts on 21.08.2017 & 26.08.2017 if the said loan amounts were not paid prior to the auction date.   The complainant submits that even after payment of a sum of Rs.4,00,442/- under loan No.MPL 33 issued notice of auction sale by the 2^nd opposite party caused great mental agony and hardship to the complainant.  The complainant submits that he brought the auction notice to the 2^nd opposite party’s knowledge.   But the 2^nd opposite party has not come forward to rectify the mistake in issuing the auction notice even after renewal.   The complainant submits that the jewels pledged belongs to his wife given at the time of marriage deserves its sentiments and on hearing the auction held by the 2^nd opposite party, the complainant’s wife attempted to suicide which caused endangerment of life which cannot be compensated by way of money.   The complainant submits that he sent legal notice dated:17.08.2017 for which, the opposite parties sent reply dated:29.08.2017.    The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

2.      The brief averments in the written version filed by 2^nd opposite party which is adopted by the 1^st opposite party is as follows:-

The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and put the complainant to strict proof of the same.   The opposite parties 1 & 2 state that the complainant availed loan from the opposite parties but failed to settle the loan Nos.MPL 33 & MAL 2518.   The opposite parties state that the complainant availed around 20 loans from the opposite parties from the year 2011.   The complainant well aware of the terms and conditions of the jewel loan which should be redeemed within 12 months after paying the entire amount with interest.   The complainant paid only interest; that too was also not paid periodically by the complainant as per the terms.   The 12 months period also lapsed.   The opposite parties state that the complainant had renewed the loan account MPL 33 & MAL 2518 only by paying the interest due alone.   The above said two loans were renewed on 29.07.2017 vide Loan No.01180/WBS/00007 for Rs.2,95,000/- and Loan No.01180/MSL 011608 for Rs.43,800/- respectively.  It is false to state that the complainant had settled the entire loan amount against the two gold jewels loan vide MPL 33, MAL 2518 and had renewed it.  The two gold jewel loans were duly discharged at the time of issuance of auction notice.   The complainant paid only interest and has not paid any principal amount. Hence, the opposite parties issued auction notices with the specific date on 21.08.2017.   The complainant after receipt of notice also has not come forward to redeem the jewel.  Hence, the opposite parties were compelled to sell the jewels in auction and adjusted the amount towards the loan.   Therefore, there is no deficiency in service on the part of the opposite parties 1 & 2 and hence, the complaint is liable to be dismissed.  

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A11 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and documents Ex.B1 to Ex.B4 are marked on the side of the opposite parties 1 & 2.

4.      The point for consideration is:-

Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony, loss of reputation, negligence and deficiency in service with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.  Heard their Counsels also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  The complainant pleaded and contended that he borrowed a sum of Rs.3,07,800/- on pledging of gold jewels weighing 154.100 gms vide Loan No.MPL 33 on 21.05.2016.  On the same day, the complainant also availed a loan of Rs.40,500/- by pledging his gold jewels weighing 22.700 gms vide loan No.MAL 2518.  But on a careful perusal of records, the complainant has not produced any document to prove the said two loans vide Nos.MPL 33 & MAL 2518 respectively.  Further the contention of the complainant is that he settled the entire loan amount against the said two gold jewel loans and renewed the said loans for Rs.2,95,000/- & Rs.43,800/- on 29.07.2017 vide loan Nos.01180/WBS/00007 & No.01180/MSL/011608 respectively.  Ex.A4 & Ex.A5 are the Xerox copy of Loan Certificates.   Further the contention of the complainant is that the 2^nd opposite party issued two auction notices dated:20.07.2017 as per Ex.A1 & Ex.A2 that the amount of Rs.4,06,798/- under Loan No.MPL 33 and the amount of Rs.46,958/- under Loan No.MAL 2518 dated:21.05.2016 are due to the 2^nd opposite party and is forced to sell the gold jewel under the said loan accounts on 21.08.2017 & 26.08.2017 respectively if the said loan amounts were not paid prior to the auction date as per Ex.A1 & Ex.A2.   

6.     Further the contention of the complainant is that even after payment of a sum of Rs.4,00,442/- under loan No.MPL 33 issued notice of auction sale by the 2^nd opposite party caused great mental agony and hardship which amounts to deficiency in service.  But on a careful perusal of Ex.A3, it is seen that there are difference in loan numbers that is instead of MPL 33 the following loan number mentioned MPL#MPL3-OTH#33 and against GL No.1180-MPL-33.   The complainant has not explained the reason for the change in the particulars and also the complainant also has not come forward to produce the original of Ex.A3.   Further the contention of the complainant is that he brought the auction notice to the 2^nd opposite party’s knowledge.   But the 2^nd opposite party has not come forward to rectify the mistake in issuing the auction notice even after renewal.   But in this case, the auction notice was issued by the 2^nd opposite party since, the complainant has not discharged the loan.   Further the contention of the complainant is that the jewels pledged belongs to his wife given at the time of marriage deserves its sentiments and on hearing the auction held by the 2^nd opposite party, the complainant’s wife attempted to suicide which caused endangerment of life which cannot be compensated by way of money.  But the complainant has not pleaded and proved that he has paid the entire loan amount within the specified period given in the auction notice.  Further the contention of the complainant is that due legal notice dated:17.08.2017 as per Ex.A8 issued to the opposite parties for which, the opposite parties sent reply dated:29.08.2017 as per Ex.A11.   Thereafter, the complainant filed this case.

7.     The learned Counsel for the opposite parties would contend that admittedly, the complainant availed loan from the opposite parties but failed to settle the loan Nos.MPL 33 & MAL 2518.   The allegation of renewal is false and denied.  Further the contention of the opposite parties is that the complainant availed around 20 loans from the opposite parties from the year 2011.   The complainant well aware of the terms and conditions of the jewel loan which should be redeemed within 12 months.   After paying the entire amount with interest.   The complainant paid only interest and has not paid any principal amount.   The 12 months period also lapsed.   The complainant has not come forward to redeem the jewel even after the lapse of one year.  Hence, the opposite parties issued auction notice as per Ex.A1 & Ex.A2 with the specific date on 21.08.2017.  the complainant after receipt of notice also has not come forward to redeem the jewel.  Hence, the opposite party was compelled to sell the jewels in auction and adjusted the amount towards the loan.   There is no deficiency in service on the part of the opposite parties.   Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.    No costs.

 

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 19^th day of December 2019. 

 

MEMBER                                                                                PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	20.07.2017	Copy of auction notice for the Loan No.MPL 33
Ex.A2	20.07.2017	Copy of auction notice for the Loan No.MAL 2518
Ex.A3	29.07.2017	Copy of receipt voucher for Rs.4,00,442/- for Loan No.MPL 33
Ex.A4	29.07.2017	Copy of Loan Certificate for Rs.2,95,000/- for the Loan No.01180/WBS/00007
Ex.A5	29.07.2017	Copy of Loan Certificate for Rs.43,800/- for the Loan No.01180/MSL/011608
Ex.A6	01.08.2017	Copy of envelope addressed to the complainant
Ex.A7	02.08.2017	Copy of envelope addressed to the complainant
Ex.A8	17.08.2017	Copy of legal notice of the complainant to the opposite parties
Ex.A9	21.08.2017	Copy of acknowledgement / postal letter
Ex.A10	26.08.2017	Copy of acknowledgement card
Ex.A11	29.08.2017	Copy of opposite party’s reply notice

 

 

OPPOSITE PARTIES’ 1 & 2 SIDE DOCUMENTS:-  

Ex.B1	21.05.2016	Copy of pledge letter
Ex.B2	17.04.2016	Copy of appraisal note
Ex.B3	03.11.2011	Copy of K.Y.C. document
Ex.B4	20.07.2017	Copy of Auction notice

 

 

 

MEMBER                                                                                                                                                                      PRESIDENT