Date of Filing: 16.11.2021.                                             Date of Disposal: 16.01.2023.

Complainants-           Krishnendu Chatterjee & Mrs. Arpita Mukhopadhaya                                                                              Vs.      

            O.P.-                           Muthoot Finance Ltd, Durgapur Branch.

Order Date: 16.01.2023.

This day is fixed for passing order in respect of a petition u/S 38(8) of the Consumer Protection Act, 2019 along with M.A. case being No. 55/2021.

The complainant files hazira through the Ld. Advocate, the OP also files hazira through the Ld. Advocate.

The record is taken up for passing order in respect of a petition dt. 24.08.2021 u/S 38(8) of the Consumer Protection Act, 2019 along with M. A. Case being No. 55/2021 filed on 16.11.2021 u/s 38(8) of the Consumer Protection Act, 2019.

Those two petitions are supported by affidavits. The complainant prayed for passing necessary order to restrain the OP from sending any letter or SMS, containing intimidation/threat of auction of gold ornaments deposited before the OP in connection with the loan account bearing Nos. MUL 3159 and MUL 3157 as well as receiving of                 Rs. 3, 59,600/- with the principal loan amount in the loan account on the grounds that due to continuous lock-down as well as the resolution of the Bar Association, the evidence of the complainant has not filed and taking the opportunity of lock-down and irregular case proceedings in the Court, the OP is trying to sell out the mortgaged gold ornaments of the complainants in auction. In that respect, the OP also sent a separate notice to the complainant on 31.07.2021 by informing a date of auction was 09.09.2021 in respect of those loan accounts and during the pendency of this case, in spite of having knowledge about the Interim Order passed on 24.08.2021 on the application dt. 24.08.2021, the OP only for harassing and irritating the complainants, the OP is sending SMS one after another  by stating about the auction of the deposited gold ornaments. Due to such conducts of the OP, the complainant No.2 is facing trouble at his in-law’s house.

The OP did not file any W/O but during hearing raised strong objection.

But from the order dt. 24.08.2021, it appears that upon hearing both sides, this Commission passed an order to the effect that the OP should not held an auction as the subject matter of dispute is pending before this Commission and in spite of having knowledge of this order, the OP is sending SMSs and letter to harass the complainants as per submissions of the complainants. But no copy, either of the SMS or of the letter, has been filed by the complainants. But the documents sent by the OP disclose the matter of holding auction and the M.A. case is supported by an affidavit.

Therefore, there is prima facie case for issuance of Interim Order in this regard otherwise the purpose of filing the case would be frustrated and the complainant will be prejudiced.

Hence, it is

                                          Ordered

that the OP is hereby restrained to hold auction of the gold ornaments of the complainants in respect  of the loan accounts bearing Account Nos. MUL 3159 and MUL 3157 only and not to send any letter or SMS containing intimidation /threat of auction of the gold ornaments till disposal of the case.

Accordingly, the petition dt. 24.08.2021 and M.A. case being No. 55/2021 are finally disposed of.

Let a copy of this order be given to the parties on free of cost.

Complainants are directed to comply with the order immediately. The complainants have already adduced their evidence-on-affidavit.

Let the case No. CC-139/2020 be fixed for filing questionnaire by the OP.

     Dictated & corrected by me.

                      President

     D.C.D.R.C , Purba Bardhaman.

      Member                                        Member                                                                 President

D.C.D.R.C., Purba Bardhaman          D.C.D.R.C., Purba Bardhaman                D.C.D.R.C., Purba Bardhaman