Date of filing:-13/01/2020.                                                                                                                                                                                                                Date of Order/Judgement:-19/12/2022.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

B A R G A R H.

Consumer Complaint No. 5 of 2020.

Ashish Kar, S/o. Gopal Kar, aged about 44 years, R/o. village. Katapali, Po. Katapali, Ps. Bargarh Town, Dist. Bargarh (Odisha)                                                …….     .....       Complainant.

V e r s u s

The Branch Manager, Bank of Baroda, Bargarh Branch, At. Old N.H.06, Main Road, Near Yamaha Showroom, Bargarh, Po/Ps/Dist. Bargarh.                         …..  Opposite Party.                         

Counsel for the Parties:-

For the Complainant :-           :- Sri Sri D. Acharya and  Associates.

For the Opposite Party :-       :- Sri A.K. Patra and Associates.

                                                -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra            .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agarwal             .....         .....       .....       .....       .....       M e m b e r (W).

Dt.19/12/2022.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Jigeesha Mishra, President :-

1. The Case of the Complainant is that the Complainant had availed a Gold Loan from the Opposite party/Bank in the year 2016 vide account No. 32550500001165  which was renewed time to time vide account No. 32550500001395 and account No. 32550500001561. While availing Gold Loan the Complainant had pledged 32 nos of Gold ornament measuring gross weight of 189.655 Grams. The pledge ornaments were kept in the custody of the Opposite party on 30/10/2018 the Complainant closed his account by clearing all outstanding dues and he asked the Opposite party for return of his gold ornament what he had pledged measuring gross weight of 189.655 Grams on 30/10/2018 after closing the account of the Complainant the Opposite party returned him 13 nos of ornaments measuring 178.78 Grams only out of total 22 nos of ornaments measuring gross weight of 189.655 Grams. The Opposite party also acknowledged in writing that 2 nos of Gold chain and 7 nos of Gold rings were missing and the Opposite party assured the Complainant that missing items will be returned to him within 15 days. The Opposite party is duty bound to return back all the 22 nos of ornaments what the Complainant had pledged at the time of availing the Gold Loan. But the Opposite Party returned him gold ornaments weighing 170.78 Grams only. As such the Opposite Party is liable to return the balance amount of Gold ornaments weighing 18.785 Grams. The Opposite party assured the Complainant to return 18.875 Grams of Gold within 15 days when the Complainant closed his account on 30/10/2018. But in spite of repeated request the Opposite party has not yet returned the same to the Complainant. The Complainant served a pleader notice on the Opposite party though his advocate Sri B.N. Sahu on 23/11/2019 requesting therein to return the balance amount of Gold. But the Opposite party neither returned the Gold nor responded the pleader notice served on behalf of the Complainant. The Complainant being harassed file this case before the Commission.
2. The case of the Opposite party the Branch Manager, Bank of Baroda, Bargarh Branch, Bargarh filed its version and admitted that the Complainant has availed Gold Loan from Opposite party Bank. For availing the loan the Complainant had deposited 189.655 Grams of gold ornaments with the Opposite party. Unfortunately a theft was committed by some miscreants in the Bank on 19/20.09.2016 (Midnight) where in various articles of the Bank along with gold ornaments of various persons were also stolen away by them. F.I.R. dated 20/09/2016 was duly lodged on behalf of the bank before the Town P.s. Bargarh for the theft. On 30/10/2018 the Complainant has closed his account to reclaim the gold deposited by him as security of the loan. The account was closed but while refunding, it was found out that gold weighing 170.78 Gram of gold of the Complainant is remaining in the Bank custody amounting a deficit of 18.875 Grams. The matter of deficit was only due to the aforesaid theft without any intention of wilful act or negligence of the Bank. As such the fact was duly intimated by the Local Bank to their higher officials. As per the bank guideline and direction of higher officials a sum of Rs.72649.88/-(Rupees seventy two thousand six hundred fourty nine and eithty eight paisa ) only was approved by their Committee for the deficit gold of the Complainant. Accordingly demand draft for Rs.72,649.88/-(Rupees seventy two thousand six hundred fourty nine and eithty eight paisa ) only was drawn in favour of the Complainant. The Opposite party requested to receive the same, but the Complainant was deferring to receive the same on different pretent and finally filed this Complaint. Hence the Opposite party has not committed any deficiency on his part.
3.  Perused the documents filed by the Complainant and Opposite party the following issues are framed ;-

ISSUES:-

1. Whether the Opposite party is deficient in its service ?
2. What relief the Complainant is entitled to get ?

Issue No.1:-

            Perused the documents and it reveals that on dated 30/10/2018 Bank of Baroda issued a letter in favour of Ashish  Kar (Complainant) regarding missing of ornaments. In the letter the Opposite party admitted that 2 no. of chain and 7 no. of rings are missing out. On dated 23/11/2019 the Complainant sent a pleader notice to the Opposite party to return back the balance amount of gold ornaments weighing 18.875 grams. But the Opposite party till date neither returned the balance amount of gold ornaments to the Complainant nor replied the notice of the pleader. The Bank is the custodian of the customer’s ornaments. It is the duty of the bank to return back the ornaments to the Complainant after clearance of loan amount. But the Opposite Party after clearance of loan returned 170.78 Grams gold ornaments out of 189.655 Grams of ornaments. The Opposite Party did not return the balance amount of  18.875 Grams of gold ornament which amounts to deficiency in service on the part of the Opposite party. The Opposite party failed in its service by not returning the balance amount of ornaments.

            The issue is answered accordingly.

Issue No.2:-

            For deficiency in service of the Opposite Party the Complainant is entitled to get relief. The issue is answered accordingly.

            The Complaint is ordered accordingly :-

O R D E R

The Complaint is allowed on contest. The Opposite party is directed to return 18.875 Grams of gold or price of the same with 7% interest Per Annum from 30/10/2018 within one month from the date of this order to the Complainant. Further the Opposite party is directed to pay Rs.20,000/-(Rupees twenty thousand) only compensation for harassment and mental agony and Rs.5,000/-(Rupees five thousand) only for litigation expenses. Failing which the entire amount will carry 12% interest per annum till realization.

Order pronounced in open court on this 19^th day of  December 2022.

            Supply free copies to the parties.  

      Typed to my dictation

                                                                                             and corrected by me.                                                                                           

                   I  agree/-                                                                       

       ( Smt. Anju Agrawal )                                                                  ( Jigeesha Mishra )

              Dt.19/12/2022                                                                            Dt.19/12/2022

              M e m b e r  (w)                                                                        P r e s i d e n t.

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