Order-11.
Date-17/08/2015.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant by filing this complaint has submitted that OP runs a business of providing personal loan by depositing ornaments by way of collateral security. Sometimes in the year 2012 complainant was badly needed a fund for his daughter’s education and treatment and for which on 23-05-2012 complainant mortgaged Pucca Gold Ornament weighing 79.70 gm. and Gini Gold weighing 82.30 gm. to the OP and after mortgage complainant was sanctioned a loan of Rs.1,43,000/- and the complainant received the amount by cash on 23-05-2012. Thereafter, complainant repaid Rs.7,822/-, Rs.2,684/- on 26-07-2012 and Rs.2,684/- on 21-06-2012 and in total complainant paid Rs.10,500/- and in receipt of payment OP issued receipt.
Owing to some unavoidable circumstances, complainant was compelled to stop payment of instalment as the condition of his daughter become worst. Complainant took the above loan for specialized treatment and proper investigation of the his daughter but his daughter ultimately died on 20-01-2014 and OP vide letter dated 30-11-2013 sent a notice asking the complainant to pay the outstanding dues within a period of 7 days failing which the OP would be compelled to sell the same in auction. In reply of the letter complainant requested the OP vide letter dated 23-12-2013 to grant him two months’ time for repayment of the outstanding loan amount owing to complainant’s bad financial condition and the said letter was received by OP on 23-12-2013.
After the death of complainant’s daughter complainant tried to refund the outstanding loan along with interest amount but the OP refused to accept balance loan amount and complainant received a letter from OP on 10-01-2014 and 15-03-2014 and tried to give reply of those letters explaining his intention to repay the outstanding loan but the OP refused to accept complainant’s letter and some of the OP’s man told him verbally that the said gold ornaments have been missing and when complainant wanted to know the reason from the OP about the reason of their such sort of missing they asked him that the matter shall be settled subsequently. OP neither allowed the complainant to refund the above balance amount nor return the gold ornaments pledged to the OP as collateral security for which complainant lodged a case before Bowbazar P.S. on 01-04-2014 and in fact for negligent and deficiency manner of service and for unfair trade practice complainant suffered mentally, financially and also lost solid amount of gold and for which complainant has prayed for relief and redressal.
On the other hand, OP by filing written version has submitted that the complainant took loan no doubt right from 23-05-2012 vide Gold Loan A/c. No.0005925 by mortgaging 79.70 gms (net) of gold ornaments as collateral security and took loan of Rs.1,43,000/-. Thereafter, complainant paid interest of Rs.5,000/- and Rs.2,822/- and renewed the loan on 21-06-2012 vide loan A/c. No.0004792 for Rs.1,38,000/- by mortgaging same gold ornaments of 79.70 gms gold ornaments. Thereafter, he paid Rs.2,684/- on 26-07-2014 and renewed the gold loan account vide gold loan A/c. 0005393 on 26-07-2012 by mortgaging the same gold ornaments of net weight 79.70 gms and took loan of Rs.1,38,000/-. Thereafter, complainant did not pay any interest and up to 28-03-2014 so the said amount was outstanding and total outstanding amount of interest become Rs.1,94,920/-. Subsequently, OP sent various notices on 29-10-2012, 28-01-2013, 28-04-2013, 27-08-2013, 30-11-2013 and final notice on 10-01-2014 and final and last notice on 15-03-2014 and thereafter complainant acknowledged the same and sent a letter to the OP Company on 27-01-2014 wherein they prayed for more 2 months times that is up to 27-01-2014 and even within that period also complainant did not turn up to make the payment. So, the OP on the basis of final and last notice dated 15-03-2014 auction was conducted on 28-03-2014 after about 19 months and realized Rs.1,89,661/- against the outstanding of Rs.1,94,920. The amount realized was not sufficient to square up the outstanding dues and a sum of Rs.5,259/- was ultimately exempted on the basis of the prayer of the complainant and it was reported to the complainant on 23-08-2014 so, under any circumstances, there is no deficiency or negligence on the part of the OP and fact remains that the loan account has already been closed and article has already been sold and the entire amount has been treated as finally realised and finally there was no dues from the complainant and loan account is finally closed.
Decision with Reasons
On proper consideration of the document including the materials including complaint and written statement and also considering the intimation the shortfall auction gold loan accounts it is clear that the gold has been sold on 28-03-2014 already and by selling the gold a sum of Rs.1,89,661/- was realized and even then there is a shortfall of an amount of Rs.5259/-. It is due to company from complainant but ultimately the said amount has already been waived and the entire loan amount is finally closed, that letter was issued to the complainant on 23-08-2014. Considering the materials on record it is found that the complainant one after another failed to pay the installment amount of renewed gold loan account and ultimately failed to clear loan amount and for that reason complainant was instructed again and again to pay the amount otherwise gold shall be sold and it is the admission of the complainant that the complainant prayed for two months time more to pay the same and that was given by the OP no doubt. Thereafter, complainant did not turn up and did not pay the amount and as per gold loan the gold loan was only for three months. If within three months the amount was not paid in that case the gold shall be sold automatically but in 3 occasions OP showed their reluctant attitude and gave him such chance to pay the sum but it was not paid by the complainant. Ultimately praying for more time complainant did not pay the same for which the gold was sold ultimately by the OP and no doubt after considering the loan account it is found that complainant failed to pay one after another installment even after repeated notice sent by the OP. so, considering that fact we find that there is no deficiency or negligence on the part of the OP. On the other hand the valuation of the gold as given in auction sale was sent to the complainant in the year 2014 and the said account has already been finally closed and there no dues and the dues which was there that has been waived. So, under any circumstances, it cannot be said that there was deficiency and negligence on the part of the OP. This failure is on the part of the complainant who is no doubt a poor man who took a loan for the treatment of her daughter but ultimately he lost his daughter and it is no doubt a painful situation but we are not in a position to give him any relief in view of the fact OP company also gave all the facilities to square up the dues or the loan amount but complainant failed and mode of his payment is very irregular for which one after another renewal was made as per prayer of the complainant but even then complainant failed to do so for which we do not find any deficiency on the part of the OP for which complaint fails.
Hence,
Ordered
That the case be and the same is dismissed on contest but without any cost against the OP.
