Sri Shyamal Gupta, Member

Since the facts and circumstances of Appeal Nos. A/866/2016, A/867/2016 and A/868/2016 are identical; let us dispose of all of them through this common order.

Brief facts of the complaint case are that the Complainant took some loans from the OPs against pledging of his gold ornaments.  After lapse of some months, he intended to repay the entire loan and accordingly, approached the OPs to do the needful.  However, as the OPs adopted dilatory tactics, the Complainant could not repay the loan amount.  Meanwhile, he received notice from the OPs informing him that the pledged ornaments would be sold in auction.  Against such backdrop, the complaint cases were filed.

By submitting WV, it is submitted by the OPs that the relationship between the parties is that of a Pawnor and Pawnee.  In terms of the provisions laid down u/s 173-176 of the Contract Act, 1872, these OPs preserve every right to sale the pledged gold through auction for realization of the outstanding amount.  It is alleged by the OPs that the Complainants failed to make payment of outstanding amount despite reasonable opportunity being given to him.  It is also stated by these OPs that they are ready to return the pledged ornaments if the Complainant repays the entire loan amount together with accrued interest and other applicable charges. 

Decision with reasons

We have heard the parties and perused the documents on record.

It is the case of the Appellant that although he repeatedly asked the Respondents to receive the outstanding amount, the latter refused to receive the same.  However, we do not come across any documentary proof to support such contention. Thus, we cannot attach any importance to such unproven claim.

Be that as it may, keeping in mind the positive vibes of the parties, so articulated by both of them, we do not think it a wholly bad idea to encourage them settle the matter amicably.  For this purpose, Respondents are directed to furnish detail Statement of Accounts in respect of all the loan accounts stand in the name of the Appellant as on the date of filing of the complaint case and on receipt of the same, the Appellant shall go through the same and settle the outstanding due within a month of receipt of the Statement of Accounts.  However, in case of any anomaly with the Statements, the same must be brought to the notice of the Ld. District Forum together with counter Statement of Accounts and supporting documents and in turn, after going through the same, the Ld. District Forum shall pass a reasoned order.

The Appeal, thus, stands allowed in part.

Hence,

O R D E R E D

The Appeals stand allowed on contest in part.  The impugned orders are hereby set aside.  Parties to appear before the Ld. District Forum on 31-07-2018 for submission of Statement of Accounts by the Respondents.