Ld. Advocate(s)
For Complainant: Subhashis Roy
For OP/OPs : Debajan Bosu Mallick
Date of filing of the case :15.01.2020
Date of Disposal of the case :24.07.2023
(2)
Final Order / Judgment dtd.24.07.2023
Complainant above named filed this complaint u/s 12 of the Consumer Protection Act, 1986 against the aforesaid opposite party praying for direction upon the OP to wave the compound rate of interest amounting to Rs.86,100/-, released the Gold Ornaments after accepting the principal loan amount of Rs.9,33,300/-, compensation amounting to Rs.1,00,000/- for harassment, mental pain and agony and cost of the case.
He alleged that he availed a loan of Rs.9,33,300/- after depositing Rs.414.22 gram gold as security. Said loan amount was disbursed through 4 different loan accounts for Rs.1,94,600/-, Rs.2,25,984/-, Rs.2,92,776/- and Rs.2,19,878/- against one customer ID number. He submitted all the required documents in time but due to mismanagement on the part of the staff of the OP, documents were not updated and account was not approved from the end of the OP. As those accounts were blocked as such complainant could not pay interest in the loan account in time. As a result of which interest in those accounts automatically increased at compound rate. He informed the matter to the branch head. Gave one mail to their higher authority for waiver approval as there was no fault on the part of the complainant. Meanwhile, complainant got demand notice with auction advise on 02.12.2019 where from the complainant came to know that OP charged a huge amount of interest. In the said notice date of auction was mentioned on 16.01.2020. Complainant immediately talked with the branch head but he informed the complainant that he has nothing to do. Hence the complainant filed this case.
OP contests the case by filing a W/V. He denied the entire allegations of complaint. He further stated that complainant had made last payment on 29.08.2019, thereafter, neither made any further payment nor had taken any necessary steps. He further stated that there is a specific rule for charging interest upon the pledged gold which is well within the knowledge of the complainant since the time of taking loan. He further stated that interest is chargeable at the rate of 26.5% per annum for 1-30 days, interest is chargeable at the rate of 27.5% per annum for the period from 31-60 days, interest is chargeable at the rate of 29% per annum for the period of 61-90 days and interest is chargeable at the rate of 32% per annum for 92 days and above. Despite knowing the said fact complainant intentionally did not make any further payment after 29.08.2019. Complainant totally stopped payment and filed this case to make his evil plan, defame and harassed the OP to extract money. He prayed for dismissal of the case.
Trial
During trial complainant filed affidavit in chief. OP did not file any questionnaire .
(3)
Documents
Complainant produced the following documents viz :
- Original copy of document dtd. 18.11.2017..........(One sheet)
- Original copy of Description of scheme for 3 months...............(One sheet)
- Original copy of Scheme wise eligible Loan Indicator sheet dated 18.11.2017..........(One sheet)
- Original copy of loan document dated 19.12.2017..........(One sheet)
- Original copy of loan document (Details of scheme for 3 months).........(One sheet)
- Original copy of loan document relating to rules of loan.........(One sheet)
- Original copy of document dated 18.02.2019........(One sheet)
- Original copy of description of scheme for 3 months..........(One sheet)
- Original copy of document relating to rules of loan.........(One sheet)
10)Original copy of document........(One sheet)
11)Original copy of description of scheme for 3 months.........(One sheet)
12)Original copy of rules of the loan..........(One sheet)
13)Original copy of demand notice & Advertisement of Auction dated 02.12.2019 along with Purity assessment details.........(One sheet)
14) Original copy of demand notice & Advertisement of Auction dated 02.12.2019 along with Purity assessment details.........(One sheet)
15) Original copy of demand notice & Advertisement of Auction dated 02.12.2019 along with Purity assessment details.........(One sheet)
16) Original copy of demand notice & Advertisement of Auction dated 02.12.2019 along with Purity assessment details.........(One sheet)
17)Net copy of e-mail.........(One sheet)
OP produced the following documents with his W/V:-
1)Conditions...........(One sheet)..........(Xerox)..........(Annex-A)
2) Statement of A/C No.0115460730017552...(One sheet)....(Xerox)....(Anex.B)
3) Statement of A/C No.0115460730017553...(One sheet)....(Xerox)....(Anex.B)
4) Statement of A/C No.0115460730017554...(One sheet)....(Xerox)....(Anex.B)
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5) Statement of A/C No.0115460730017555...(One sheet)....(Xerox)....(Anex.B)
Complainant also produced these documents:-
1)Purity Assessment details along with demand notice dated 02.12.2019...(One sheet).......(Xerox)
2) Purity Assessment details along with demand notice dated 02.12.2019...(One sheet).......(Xerox)
3) Purity Assessment details along with demand notice dated 02.12.2019...(One sheet).......(Xerox)
4) Purity Assessment details along with demand notice dated 02.12.2019...(One sheet).......(Xerox)
5)Copy of e-mail.............(One sheet)..........(Net copy)
6)Copy of Advocate’s notice dated nil........(One sheet)........(Xerox)
Brief Notes of Argument
Complainant filed BNA. OP filed BNA.
Decision with Reasons
We have carefully considered the petition filed by the complainant, W/V filed by the OP, affidavit in chief filed by the complainant, BNA filed by the complainant and BNA filed by the OP.
We find that complainant in his affidavit in chief corroborated the allegation which he mentioned in the petition of complaint. No contradiction has found after receipt of answer of interrogatories.
It is admitted position that complainant took 4 loans from the OP as follows:-
Sl. No. | Loan A/C No. | Date of Loan | Value of Gold (Rs.) | Actual weight of Gold | Net weight of Gold | Amount of loan |
1. | 0115460730017552 | 09.08.2019 | 219878.00 | 101.20 gms | 97.7570 gms | 219878.00 |
2. | 0115460730017553 | 09.08.2019 | 292776.00 | 157.20 gms | 130.1580 gms | 292776.00 |
3. | 0115460730017554 | 09.08.2019 | 225984.00 | 100.10 gms | 100.10 gms | 225984.00 |
4. | 0115460730017555 | 09.08.2019 | 194660.00 | 86.20 gms | 86.20 gms | 194660.00 |
Total:- | 9,33,298.00 | 444.70 gms | 414.2152 gms | 9,33,298.00 |
It is also admitted position that after taking the aforesaid loan complainant did not pay any amount in the loan account as repayment of
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loan. OP contended that complainant had made last payment on 29.08.2019.
On perusal of loan statement in respect of aforesaid 4 loan accounts prepared by OP on 25.07.2022, we find that complainant did not make any payment on 29.08.2019. Accordingly we find that aforesaid statement of the OP remains a story.
On perusal of statement of account of aforesaid 4 loans, we find that aforesaid 4 loans were disbursed on 09.08.2019. In two loan accounts a meagre amount of repayment have shown that is amount of Rs.178/ and Rs.190/-. We find that as per said document complainant paid two amounts that is Rs.178/- and Rs.190/- but said repayment have made on 09.08.2019 that is on the date of disbursement of loan. Said fact indicates that aforesaid two amounts had deducted at the time of disbursement of loan showing the aforesaid two amounts as repayment.
So it is clear before us that no amount of repayment has made after disbursement of loan.
Complainant alleged in the petition of complaint that OP did not give approval to the complainant to operate the account of loan. He further alleged that due to mismanagement on the part of staff of the OP, documents were not updated and account was not approved from the OPs and same was blocked as such complainant could not pay any interest in the aforesaid 4 loan accounts in time. As a result of which interest in those 4 accounts automatically increased at compound rate.
On perusal of record, we find that complainant took the loan on 09.08.2019. Thereafter, he filed this case on 15.01.2020. Before filing of this case, complainant had received demand notice in respect of aforesaid 4 loan accounts. We find that those notices were issued on 02.12.2019.
Complainant filed this case on 15.01.2020.
As per the allegation of the complainant he could not pay any interest in the loan account as documents were not updated and account was not approved from the end of the OP. But on perusal of record, we find that complainant did not inform the OP in between 09.08.2019 and 02.12.2019 that he is facing problem as documents not updated in loan accounts and approval has not given to the complainant for operation of the loan account. As the complainant failed to produce any such documents, so, it is clear before us that complainant did not inform the OP that he could not deposit the interest as employ of the OP did not update the loan account and did not give any approval to the complainant to operate the loan account. Accordingly, we find that complainant failed to establish the said fact by sufficient evidence.
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Accordingly, there is no other alternative but to say that complainant shall pay interest as per terms of agreement relating to aforesaid 4 loan accounts.
On perusal of record, we find that OP did not auction the pledged gold relating to the aforesaid four loan account till date.
On perusal of record, we find that complainant is the consumer and OP is the service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has able to established his grievance in part by sufficient documents.
Accordingly, complainant is entitled to relief.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed in part against the OP but without any order as to costs.
OP is directed to re-schedule the statement of the aforesaid 4 loan accounts as per the agreement and shall send the same to the complainant within 45 days from this date and thereafter within next 45 days complainant shall pay the entire loan accounts in respect of aforesaid 4 loan accounts and after the aforesaid repayment OP shall return the pledged gold
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relating to the aforesaid 4 loan accounts failing which complainant shall have liberty to put this order into execution.
Considering the facts and circumstances of this case no order is passed in respect of compensation.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER
(NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
