Orissa

Cuttak

CC/82/2016

Mrs Neera Mohanty - Complainant(s)

Versus

Muthoot Finance Ltd - Opp.Party(s)

Self

26 Oct 2016

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL FORUM,CUTTACK.

                                                                                    C.C. No.82/2016

 

Mrs. Neera Mohanty,

W/o: Neetiraj Mohanty,

At:Payton Sahi,Buxibazar,

Cuttack.                                                                                  … Complainant.

 

                Vrs.

 

1. Muthoot Chambers,Opp. Sarita Theatre Complex,

Banerji Road,Ernakulam-682018,

Tel-+91-484-2396478.   

 

2. Muthoot Finance Ltd.,

Regional Office,3^rd Floor,

M.J. Plaza,Plot No.760,Cutack-Puri Road,

Opp. SBI,Stationery Deptt.,Bhubaneswar.

 

3. The Muthoot Finance to 2^nd Floor above

State Bank of Bikaner & Jaipur,

Cuttack,Odisha.                                                                                … Opp. Parties.

 

 

Present:               Sri Dhruba Charan Barik,LL.B. President.

Sri Bichitra Nanda Tripathy, Member.

Smt. Sarmistha Nath, Member (W).

 

Date of filing:   21.12.2015

Date of Order: 26.10.2016.

 

For the complainant:           Self.

For Opp.Parties.           :       Sri Sangram Kesari Naik,Adv. & Associates.  

 

 

Sri Dhruba Charan Barik,President.

The complainant has filed this case on the allegation of deficiency in service on the part of the O.Ps and seeking appropriate relief against them.

1. The facts of the complainant’s case stated in brief are that the complainant was undergoing much financial hardship after the marriage of her daughter and she therefore obtained a gold loan of Rs.40,500/- from O.P.3 on 20.1.15 by pledging her gold ornaments weighing 23.300 gms.  The gold loan obtained by the complainant bears the No.MSL 025159 dt.20.1.15 and it was for one year.  Annex-1 is the loan document signed by the complainant to this effect which also includes terms and conditions of the loan.  The effective rate of interest was 22% per annum if paid within 3 months and 24% per annum if paid above 3 months.  With much difficulty the complainant had repaid the amount of Rs.5757/- towards interest vide Annex-2.  It is stated that the  complainant has not paid any further amount even after expiry of the period of recovery for which the O.Ps had sent a notice to the complainant to repay the outstanding dues amounting to Rs.53,933/- by 15.6.16 vide Annex-3.  But the complainant has prayed for more time to the O.P for repayment of the outstanding dues.  She had also sent an advocate’s notice to the O.P to this effect vide Annex-4.
2.   In the mean time the O.Ps have decided to put the pledged gold ornaments of the complainant in to auction. The complainant got the notice which caused serious mental agony and harassment to her.  Having no other alternative she then filed this case before this Forum with a prayer to direct the O.Ps not to put her pledged gold ornaments into auction with a view to provide sufficient time to her to clear the entire outstanding dues.  It is also prayed that the O.P may be directed to pay Rs.30,000/- to her towards compensation for the mental agony and harassment caused to her.
3. The O.Ps have jointly filed their written version wherein it is stated that the case is not maintainable and the complainant is not a consumer as defined U/S-2(1)(d) of the C.P.Act,1986.  She is guilty of suppression of material facts and has not approached this Forum in clean hands.  Annex-A is the loan document No.MSL 025159 dt.20.1.15 including the terms and conditions of the said loan obtained by the complainant.  Annex-B is the statement of accounts of the complainant.  It is specifically stated that as per the terms and conditions of the said loan the O.Ps have every right to put the pledged gold ornaments of the complainant into auction as she has violated the terms and conditions of the loan agreement by not making repayment of any dues even after 18 months of obtaining such gold loan.  It is also stated that from the date of obtaining such gold loan, the complainant has either to close or renew here loan account within 12 months but she has failed to do so.  It is also stated that the present loan was for a period of 12 months and there cannot be any extension of period of recovery as per R.B.I guidelines.  In the above premises, it is prayed that the case of the complainant is not maintainable and the same may be dismissed and the complainant may be directed to clear the entire outstanding loan amount within a period of 30 days.
4. We have gone through the case record and the respective documents filed by both the sides.  We have also heard the complainant and the learned advocate for the O.ps on the point.
5. It is an admitted fact that the complainant had obtained the gold loan vide Loan Account No.025159 from the O.Ps on 20.1.15 subject to terms and conditions as per Annex-1.  It is also admitted by the complainant that she has failed to repay the loan amount together with interest because of her financial disability.  No doubt the O.Ps have right to put the pledged gold ornaments of the complainant into auction in case of violation of the terms and conditions with regard to non-payment of the outstanding dues.  This fact is not disputed by the complainant.  Prior notice has also been given to the complainant for this purpose.  Advocates notice by Annex-4(A) sent to the O.Ps is silent as to whether any illegality has been committed by them in putting such pledged gold ornaments into auction.

ORDER

In the facts and circumstances of the case, we do not find any reason to hold that there was deficiency in service on the part of the O.Ps and the complainant has also miserably failed to prove the same.  Hence the case of the complainant stands dismissed being devoid of merit.  In the facts and circumstances of the case, it is imperative to observe that consideration for extension of the date of putting the pledged gold ornaments into auction by the O.Ps is within their discretion.

Typed to dictation, corrected and pronounced by the Hon’ble President in the Open Court on this the 25^th    day of October, 2016 under the seal and signature of this Forum.

                                                                                                                                                  

    (   Sri D.C.Barik )

                                                                                                                        Pesident.

                                                             

 

                                                                                                      (Sri B.N.Tripathy )

                                                                                                                           Member.

 

                                                                                                                  (Smt. Sarmistha Nath)

                           Member(W)