Dtd.06.07.2023                                     A/1635/2022

O R D E R

       HON’BLE Mr.JUSTICE HULUVADI G RAMESH : PRESIDENT

1.    This is an appeal filed U/s.41 of CPA 2019 by OP.1 & 2/Appellants aggrieved by the order dtd.22.04.2022 passed in CC/06/2021 on the file of Tumakuru District Commission.  
2. The Commission examined grounds of appeal, impugned order, appeal papers and heard the learned counsels.
3. It is not in dispute that Complainant by pledging his gold (65.100 grams) availed loan at Rs.1,20,000/- from OP/bank and agreed to clear the loan through EMIs. However, he became chronic defaulter in paying dues to the bank. As such, several communications/notices were sent to the Complainant, but, among them only notice dtd.12.10.2020 was served. Finally on 05.11.2020 the OP bank sold the gold ornaments through public auction. Here, we noticed that, there is no such document/notice said to have been issued, notifying either to Complainant or in news paper, calling upon the public for auction of the gold ornaments on 05.11.2020. As such, Commission below rightly held, on 05.11.2020, the bank had sold the gold ornaments through public auction without notifying the date of sale of gold to the Complainant, is violation of terms of the agreement and amounts to deficiency in service. Further, Commission below rightly worked out the gold rate and directed the OP to pay balance amount along with cost and interest, which does not call for interference of this Commission for the grounds set out in the appeal. Accordingly appeal stands dismissed.   
4. The amount in deposit is directed to be transferred to the District Commission for needful. 
5. Notify copy of this Order to the District Commission and parties.

Lady Member             Judicial Member              President      

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