Karnataka

Chitradurga

CC/69/2022

Sri.Y.Kumar S/o Yallappa - Complainant(s)

Versus

The Branch Manager,Manappuram finance ltd., - Opp.Party(s)

Sri.S.H.Paramesh

02 Aug 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, CHITRADURGA.

CC.NO:69/2022

DATED: 02^nd AUGUST 2022

PRESENT: Sri. M.I.SHIGLI. B.A., LL.M., PRESIDENT

 

                 Smt.B.H. YASHODA. B.A., LL.B., LADY MEMBER

 

                    

……COMPLAINANT/S	Sri.Y.Kumar S/o Yallappa, Secretary, Karnataka state building and other construction labour welfare association,Gonuru village,Chitradurga (Rep by Advocate Sri. S.H.Paramesh)
V/S
.….OPPOSITE PARTY/S	The Branch Manager, Manappuram finance ltd., Near Anebagilu, Kote road, Chitradurga.   (Exparte)

 

:ORDER:

 

Sri. M.I.SHIGLI. B.A., LL.M., PRESIDENT

 

       This complaint is filed by the complainant U/s 35 of CP Act 2019, Claiming for grant of compensation towards deficiency of service, and mental agony to the tune of Rs.1,50,000/- with interest at the rate of 18% p.a. and to pass such other (relief) order deemed fit under the circumstances.

 

BRIEF FACTS OF CASE:

1. The complainant is said to be the customer of OP, and had transaction. As further stated, the complainant is said to have (pledged) borrowed Rs.3,30,152/- by pledging the gold ornaments weighing 110.52 grams by way of security on 28/06/2021.

 

2.  The complainant is said to have designed the said. Ornaments for his daughter marriage to be performed on 27/08/2021.

 

3. The complainant has stated that, he visited the office of the OP on 26/08/2021 and made enquiry with regard to the loan amount and same day he is stated to have deposited interest on the said loan to the extent of Rs.38,000/- at about 11.39 am. And on the same day at about 1.33 pm. He has paid Rs.3,05,342/- which is totally amounting to Rs.3,43,342/- and the some had been paid in cash.

 

4. The complainant has asserted that, on 26/08/2021, he requested the OP to return the pledged gold ornaments. It’s further stated that, despite this request, the OP has adjusted has the paid amount for his Account on 26/08/2021and asked the complainant to come on next day i.e. on 27/08/2021. However as per Instruction of OP the complainant visited the office of OP on 27/08/2021 and requested the OP to return ornaments.

 

5.  It’s stated that on 27/08/2021 i.e. on the date of marriage of his daughter the OP collected Rs.284/- towards processing charges, and Rs.119/- towards one day interest. That is to say the OP has collected an extra amount of Rs.403/- returned gold ornaments at about of marriage itself.

 

6. The complainant has submitted that, the very purpose of securing the gold ornaments to be used on 26/08/2021 and on the crucial hours of marriage ceremony of his daughter is lost and has an anguish that his daughter and has an anguish that he had to perform her marriage without gold ornaments.

7. It is stated that, the complainant got issued a legal notice to OP on 17/09/2021 and the same is served on OP on 18/09/2021 and the same is not replied, wherefore this complaint.

 

8. We have noticed that, this commission on presentation of the complaint, registered the same on 25/04/2022 and admission hearing was on 29/04/2022 and ordered for issuance of notice to OP, to be returnable on 23/05/2022. The notice to OP is reported to be served on 12/05/2022, and OP has remained absent and consequently he is placed Ex-parte.

 

9. In view of the above facts, the evidence of complainant is recorded by way of affidavit. He has examined himself as PW-1 and got marked documents at Ex.A-1 to A-7 and closed his side.

 

As the OP is placed Ex-parte, there is no version of OP, nor his evidence placed on record.

 

10. We have noticed that, the advocate for complainant has filed his written arguments and submitted his oral submissions as well.

 

       11. Heard, perused the materials on record wherefor, the following points arise for our consideration viz.

 

1. Whether the complainant proves that he is the consumer of OP?
2. Whether the complainant proves, deficiency of service. On the part of OP/unfair trade practice?
3. What order?

 

Our findings on the Points noted supra is as follows:

Point No.1: In the affirmative

Point No.2: In the affirmative

Point No.3: As per the final order for the following.

 

REASONS:

          12. The first and foremast thing, to be taken, note of by this commission, is that, despite service of legal notice which is at Ex.A-4, shown to be received by the OP as per Ex.A-6 is served, he remained absent. The Postal Window receipt for having sent Ex.A-4 is noteworthy at Ex.A-5.

 

        13. The complainant produced the statement of Account of the complainant with the OP, shown as per Ex.A-1, which fortifies the contention of the complainant, that he has pledged the ornaments at pledge No.0102480730023814 dated 28/06/2021.

 

          14. The payment details are obviously found in the lower portion of Ex.A-1 which tallies with Ex.A-2 and A3. These Ex.A-2 and A-3 explicitly prove the fact that the complainant has made payment of Rs.38,000/- and Rs.3,05,342/- respective at 11.39.am. and 1.33.pm. respectively on 26/08/2021 only. The cumulative effect of these documents, patently prove, that the complainant is the consumer of OP. and there cannot be any hesitation to answer the Point No.1 in the affirmative, and we answer the Point No.1 accordingly.

 

          15. Then shifting our attention to point No.2, we are inclined to lock into concept of deficiency of service as defined u/s 2 (11) of C.P. Act and consequently concept of unfair trade practice as defined u/s 2 (47) of CP Act. 2019.

          16. The cursory reading of these provisions of u/s 2 (11) & 2 (47) to look into concept of deficiency of service as defined u/s 2 (11) of C.P. Act and consequently concept of deficiency of service and unfair trade practice clearly establish the fact that, there is vagrant deficiency of service on the part of OP and the OP has clearly committed the action able wrong of unfair Trade practice.

 

          17. We shall not be oblivious of the fact that, though the complainant has paid off the entire amount Rs.3,43,342/-
(The principal amount + interest calculated till 26/08/2021) as per Ex.A-1, A-2, A-3, There was no reason , as to why, the OP has collected Rs.119/- and Rs.284/- on 27/08/2021, amounting to additional collection of Rs.403/- as stated by the complainant in his complaint and chief examination too. This act of the OP, we have no hesitation to say, is clear cut case of unfair trade practice.

 

          18. The plight of parents of a girl child is in no way different to this, story. This itself is treated be a curse for the parents to have a girl child and turn out to be stigma. This social menace shall have to be seriously taken note of. And, obviously law enforcement agency should come down, with heavy hand, to enforce the legal lethal.

 

          19.   These set of facts throws light on the poor helplessness of a father of a girl, which he could not manage to see the gold ornaments, being   worn by his daughter.

 

          In this backdrop of the scenario, force us to observe that, the OP is to serious dealt with for his blatant negotiating power, and could collect extra-hard earned money of the complainant. Hence we hold that, the complainant has positively proved Point No.2 in his favour for which we opine that, the Point No.2 is to be answered in positive.

 

          20. The analysis of the above facts and figures do have a bearing on the answer on Point No.3 for which we proceed to pass the following.

 

::ORDER::

        The complaint filed by the complainant U/s.35 of Consumer Protection Act, 2019 is partly allowed.

It is ordered that, the OP shall pay Rs.25,000/- by way of compensation its unfair trade practice.

The OP shall also pay Rs.20,000/- towards Pain and suffering of complainant and the OP is liable to pay Rs.5,000/- towards cost of proceedings.

 The above total amount of Rs.50,000/- shall be paid within 30 days from the date of this order, failing which the same shall Carry 12% interest, till its realization.

        Communicate the order to parties.

 

(Typed directly on the computer to the dictation given to stenographer, the transcript corrected, revised and then pronounced by us on 02^nd August 2022.)

 

 

     LADY MEMBER                                        PRESIDENT

 

 

-:ANNEXURES:-

 

Witnesses examined on behalf of Complainant:

PW-1:- Y.Kumar S/o Yallappa

 

Witnesses  examinedon behalf of opponents:

Ex-parte

 

 

Documents marked on behalf of Complainant:

 

01	Ex-A-1:-	Account Statement dated 07/09/2021
02	Ex-A-2:-	Cash paid receipt dated 26/08/2021, 11.39.50 am.
03	Ex-A-3:-	Cash paid receipt dated 26/08/2021, 01.33.52 pm.
04	Ex-A-4:-	Legal Notice dated 17/09/2021
05	Ex-A-5	Postal receipts
06	Ex-A-6	Postal Acknowledge
07	Ex-A-7:-	Wedding card

 

 

Documents marked on behalf of opponents:

 

Ex-parte

 

 

   LADY MEMBER                                           PRESIDENT

 

 

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