DATE OF FILING                    :     19.01.2017.

DATE OF S/R                            :      23.02.2017.

DATE OF  ORDER                  :      31.08.2017.

Sri Gautam Saha,

son of late Bablu Saha,

residing at 66/1/2, Shibpur Road, Mandirtala, P.S. Shibpur,

District Howrah,

PIN 711102..………………..……..…………. ……………………… COMPLAINANT.

• Versus   -

The Branch Manager, 

Muthooth Finance Limited,

4, Mohallapara Lane, Shibpur,

Howrah 711102. . ………………..……………..…………………...OPPOSITE PARTY. 

P    R    E     S    E    N     T

Hon’ble President  :   Shri  B. D.  Nanda,  M.A. ( double ), L.L.M., WBHJS.

Hon’ble Member      :      Smt. Jhumki Saha.

Hon’ble Member : Shri A.K. Pathak.

F  I   N   A    L       O   R   D    E     R

1. This is an application U/S 12 of the C. P. Act, 1986 ( as amended up to date ) filed by the complainant /  petitioner, Shri Goutam Saha, against the Branch Manager, Muthoot Finance Ltd., o.p.,    praying for a  direction upon the o.p. to refund  the actual gold ornaments deposited by petitioenr before the o.p. as security and to waive interest from 24.6.2016 and to pay Rs. 4 lakhs as compensation for physical and mental harassment.

2. The case of the petitioner is  that he is a consumer and the o.p. is a non banking financial company engaged in the business of giving loan to the public against his deposit of gold ornaments. On 03.10.2012 the petitioner took a loan no. 3628-MSL-5623 to the tune of Rs. 88,000/- against gold ornaments in the form of two pieces of chain and one locket and one ring. The petitioner paid the whole outstanding interest being Rs. 31,330/-  and requested the o.p. to release gold ornaments after receiving the entire principal amount. The petitioner again visited the house of the o.p. for releasing gold ornaments after receiving the principle amount on 24.6.2016  but the o.p. showing different ornaments to him and he refused to accept the said gold ornaments. Under compelling circumstances the petitioner filed this case.  

3. Notices though  served upon the o.ps. but they did not appear and file  written version to contest the case. So the case is heard ex parte against the  o.ps.

4. The only point to be decided here is whether the petitioner  is entitled to the relief as prayed for ?

DECISION  WITH   REASONS      :

5. In support of his case, the petitioner filed affidavit as well as the documents being his payment of interest receipts dated 10.6.2016 showing payment of Rs. 31,330/- by the petitioner to the O.P. He also filed another letter dated 24.6.2016 written by him asking the o.p. to refund the money and also one cash receipt showing payment of Rs. 87,998.40p. being the loan amount. The terms and conditions of the loan documents showing the fact that the loan was for 12 months and the petitioner would repay the principal loan amount with interest and get back the ornaments deposited by him. All the above documents corroborated and confirmed case of petitioner which proved the fact that the petitioner took the loan and he repaid the interest in full and approached the o.p. to refund his gold ornaments after receiving the principal amount of loan but the ornaments shown to him by the o.p. was not the ornaments actually deposited by him. So he refused to accept the same and filed this case against the o.p. All the oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioner who proved his case ex parte and is entitled to the relief as prayed for.

In the result, the application succeeds.

Court fee paid is correct.

      Hence,                             

O     R     D      E      R      E        D

      That the C. C. No. 17 of  2017  be and the same is  allowed ex parte with cost against  the O.Ps.

      The petitioner is entitled to the relief as prayed for. The O.P. is  directed to return the gold ornaments which was deposited at the time of granting loan as mentioned in the loan documents after receiving the principal loan amount of Rs. 88,000/- and  to pay Rs. 30,000/- out of which Rs. 10,000/- would go to the petitioner as compensation and the rest amount of  Rs. 20,000/- would be deposited in the Consumer Legal Aid A/c of this District  Forum. The petitioner is entitled to the litigation costs of Rs. 5,000/-  and the above compensation and costs be paid within one month from the date of this order.

       The petitioner is at liberty to put the final order into execution after expiry of the appeal period.

       Supply the copies of the order to the parties, free of costs.        

DICTATED  &    CORRECTED

BY   ME.  

  (    B. D.  Nanda   )                                              

  President,  C.D.R.F., Howrah.