FINAL ORDER/JUDGEMENT

    SHRI REYAZUDDIN KHAN, MEMBER

This is an application U/S.35 of the C.P. Act, 2019.

The case of the complainant in brief is that the complainant took a series of loans by placing her gold ornaments to the OPs and the OPs created a single account no.being No.13940012614967.The complainant was bound to repay the loan amount and accordingly the complainant made the payments, OPs issued from time to time No dues

 certificate by issuing the statements of accounts.The complainant stated that eight series of gold loans by endorsing remarks No Dues.The complainant paid all the dues .Inspite of clearance of the loan dues the OPs failed to release the gold ornaments to the complainant back.When the complainant visited the Kolkata office of the OPs,they informed that there was a dues of Rs,5,09,000/ (Rupees Five Lacs Nine thousand )only and as per the rules of the gold loans the OPs can hold auction to sale the pledged gold ornaments.OPs also threatened to sale the gold ornaments to third parties by auctioning very soon latest by 23.10.2022.The complainant made several requests not to do this but the OPs not pay any heed to the complainant .It was unfair trade practice and is gross violation of the consumer rights.The complainant made application before this commission which was registered asMA/658/2022  U/S 38(8) of the consumer protection Act,2019 seeking interim injunction /order to restrain the OPs to sale the gold ornaments kept in their custody to any third party and the commission granted the prayer of the complainant..Again the complainant prayed for extension of the interim injunction and same was allowed as MA/793/2022 dated 12.12.2022.In such a situation the complainant being a women has nothing to do except to knock the door of the commission and made  prayer to direct the OPs to release the gold ornaments back to the complainant, a compensation of Rs,4,00,000/ (Rupees Four Lacs)only and litigation cost Rs,25,000/ (Rupees twenty five thousand)only.

The OPs have not entered appearance .No WV have been filed by the OPs.It also appears that the stipulated period for filling WV by the OPs have already been elapsed and as such the case do proceed ex-parte against the OPs.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1)  Whether the OP is deficient in rendering proper service to the Complainant?
            2)  Whether the OP has indulged in unfair trade practice?

           3)  Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3 :-

The above mentioned points are taken up together for the sake of convenience and brevity in discussion.

            We have travelled over the documents placed on record. The complainant has filed his Evidence supported by affidavit. The case has been proceeded ex parte against OPs . The OPs have not filed the  E-Chief and not submitted their BNAs also. The complainant has filed his BNA.

The fact of the case in brief is that the complainant took a series of loans from the OPs by pledging gold and the loan account was created by the OPs being account

no.13940012614967.The complainant was bound to repay the loan amount and as such the complainant regularly made payments.The OPs issued no dues certificates in favour of the complainant time to time by issuing the statements of accounts in various series of gold loans by endorsing the remarks No Dues. The complainant availed eight series of gold loans by the pledge of gold ornaments and the complainant paid all dues to the OPs.The complainant requested for release of gold ornaments to the complainant but the OPs neglected the request to release the gold ornaments. When the complainant visited the Kolkata office of the OPs they informed the complainant that there was a dues of Rs,5,09,000/ and as per the rules of gold loans the OPs will be holding one auction to sale the pledged gold ornaments. The complainant had requested the OPs not to do this but the OPs ignored the matter.

In view of the above facts it is observed by us that,it is unfortunate that OPs have miserably failed to perform their responsibilities. It is not our expectation that the complainant by any means suffer from loss of money and time for the negligence on the part of the OPs.

Under the above circumstances, unfair trade practice,the gross negligence and deficiency in service is observed In view of the above facts and circumstances we are of the view that the complainant has established his case against the OPs.

 In the result, the Consumer Complaint  is allowed .

Hence,

   Ordered

That the complaint case be and the same is allowed  on ex-parte against OPs by following directions.

1.OPs are directed to release the Gold ornaments back to the complainant without charging any extra cost.

2.OPs are further directed to pay Rs,30,000/ (Rupees Thirty Thousand)only as Compensation for mental agony and harassment.

3. OPs are directed to pay Rs,10,000/-(Ten thousand)only as litigation cost.

The above mentioned orders are to be complied by the OPs within a period of 02 months in default the complainant will be at liberty to put the order into execution as per rules.

      Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and

Judgment be uploaded in the website of the Commission for perusal of the parties