Sri Shyamal Gupta, Member

This Appeal is directed against the judgment dated 19.01.2018 of the Ld. DCDRC, Kolkata—I (North) passed in CC/572/2015 by the Appellant/Complainant

The fact of the Complainant in brief is that on 03.05.2014 the Complainant had been at the branch office of the O.P No. 3 with 193.600 grams gold ornaments and contacted with O.P No. 1. After compliance of all the formalities the Complainant took loan of Rs.3,75,500/-. On 26.11.2015 the Complainant received a notice from the O.P No. 1 in respect of other two loans whereby the Complainant was informed that ornaments pledged against the loan would be sold in the public auction on 22.12.2015 in the office of O.P No. 1 if the Complainant failed to pay up the total sum of Rs.5,47,845 by 21.12.2015 to O.P No. 1.

Over the matter of O.P submitted W.V and stated that the Complainant by suppressing the material fact and also the terms and conditions of the loan agreement has falsely filed this case. Accordingly the O.Ps prayed for dismissal of the case.

On hearing both sides Ld. DCDRC on 19.01.2018 dismissed the case on the following observation.

“It is pertinent to mention here that since the Complainant has failed to substantiate his claim and the omission committed by the O.Ps and accordingly, we hold that there was no deficiency in service or unfair trade practice on the part of the O.Ps.”

Being aggrieved with the said order Complainant/Appellant filed the instant Appeal.

During the course of argument Ld. Advocate of the Appellant submitted that he is willing to pay the dues and not willing to sell out the ornaments as pledged.

It appears from the record that the pledged property has not been sold due to initiation of the proceedings.

On the other hand Ld. Advocate of the O.P prays for dismissal of the Appeal.

Considering the entire panorama a chance be given to the Appellant/Complainant to receive his ornaments subject to payment of loan amount of Rs. 3,75,000/- along with statutory interest as per terms and condition enumerated in the Form till 21.12.2015 and thereafter @ 6% simple interest till actual payment done. Thus the Appeal is not decided on merit.

Hence,

Ordered

That the A/189/2018 is allowed in part. Appellant is directed to pay the aforesaid loan amount with interest to O.P within 45 days of the order. On being compliance of the same by the Appellant; O.P must return the pledged ornaments to the Appellant forthwith.