Today is fixed for order.

After taking into account the submission advanced by the Ld. Advocate of the complainant yesterday and the imports of the petition of complaint we see that the complainant took a loan of Rs. 33,500/- (Rupees thirty three thousand five hundred) on 19.08.2021 from the OP (Financial Institution) by mortgaging gold under certain terms and conditions.

It is now alleged by the complainant that the pledged gold has been sold in auction by the money lender without any notice to the complainant. He has already lodged a complaint to Rajarhat P.S. against the aforesaid money lender and has filed this case under CP Act seeking only compensation of Rs. 1,70,000/-. His main allegation against the money lender is that the auction was held for sell of the pledged gold without informing him

A careful perusal of the terms and conditions for the loan reveals that the money lender was authorized to sell pledged articles by auction if its value falls lesser than the required margin as stipulated from time to time or for any other reason. But in that case the borrower would get a notice. The borrower’s entitlement to notice is quite consistent with the principle of natural justice under Common Law that none should be condemned unheard. The money lender is claiming that notice was sent and the borrower has countered claim by stating that no notice was served upon him. For taking such decision the power of Civil Court is required to be exercised.

The CP Act is on branch of law of torts where the only remedy is damages for either deficiency in service or for goods being defective or for unlawful trade practice. The violation of the principle of the natural justice is not akin to the approved ground for filing a case under CP Act.

The complainant may take up his case to the Civil Court where he can get proper relief.

Hence, it is ordered, that the case be and the same is dismissed as not being admitted.

Let a plain copy be given to the parties free of cost as per CPR.

Dictated and corrected by

[HON'BLE MR. Lakshmi Kanta Das]
PRESIDENT