Haryana

Karnal

CC/193/2022

Santosh Kaur - Complainant(s)

Versus

The Branch Manger, ICICI Bank - Opp.Party(s)

Rajbir Sharma

18 Mar 2024

ORDER

BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION KARNAL.

                                                Complaint No.193 of 2022

                                                Date of Inst: 04.04.2022

                                                Date of Decision: 18.03.2024

 

Santosh Kaur wife of Shri Jarnail Singh, resident of Plot No.7, Type II, Old Polytechnic Colony, Nilokheri, District Karnal. 

 

…….  Complainant

Versus

1.     The Branch Manager, ICICI Bank, Railway Road, Nilokhri, District Karnal.

2.     The Regional Manager, Regional Office: ICICI Bank, 308, Udhyog Vihar-2, Sector-20, Gurgaon (Gurugram).

 

                                                                 …… Opposite parties

Complaint Under Section 35 of Consumer Protection Act, 2019 as amdned upto date.

 

Before:    Shri Jaswant Singh…………President

                Sh.Vineet Kaushik……….Member

                Dr.Suman Singth…………Member

 

Argued by: Shri Rajbir Sharma, counsel for complainant.

                 Shri Amish Goel, counsel for OPs.

       

                (Jaswant Singh President)

 

ORDER:

 

                The complainant has filed the present complaint under Section 35 of Consumer Protection Act, 2019 against the Opposite parties (hereinafter referred as the ‘OPs’) on the averments that husband of complainant namely Jarnail Singh son of Shri Ikbal Singh, obtained a Gold Loan from the OPs in the month of May 2019 of Rs.15,000/- and in lieu of said amount three gold rings weight 9 GM was given to OPs as security. Husband of complainant was working in Government Polytechnic Nilokheri, as Mali-cum-Baildar. Unfortunately, Jarnail Singh was missing on 25.10.2019 and complainant and other relatives tried to trace out Jarnail Singh and also lodged a FIR No.457 dated 31.10.2019, under Section 346 IPC, in Police Station Butana, District Karnal, but till date Jarnail Singh has not traced out. In this regard, final report U/s 173 Cr.P.C. has also been filed by the police before the concerned Court. Due to missing of Jarnail Singh, complainant being wife and legal heir has been given job in place of her husband vide appointment letter dated 10.11.2020. After missing of her husband, complainant paid the entire loan amount with interest on 20.05.2020 with the OP and now no amount is due against the said gold loan but despite that the OPs bank has not returned the gold ornaments despite repeated request. Hence, the present complaint.

2.             On notice, OPs appeared and filed their joint written version and raised preliminary objections regarding maintainability, locus standi, concealments, cause of action, jurisdiction, etc. On merits, it is pleaded that Jarnail Singh had pledged gold ornaments and have availed jewel loan for an amount of Rs.15,000/-. The complainant has provided final report stating that her husband has been missing from 25.10.2019 and also deposited the outstanding loan amount on October 25, 2019 but gold cannot be returned to the nominee as customer is not yet declared as dead. The OPs communicated the complainant to share the proof of death of her husband or to provide declaration from court that ascertains legally deceased. The other allegations made in the complaint have been denied and prayed for dismissal of the complaint.

3.             Parties then led their respective evidence.

4.             Learned counsel for complainant has tendered into evidence her affidavit Ex.CW1/A, copy of FIR Ex.C1, copy of final report Ex.C2, copy of appointment letter Ex.C3, copy of payment receipt Ex.C4, copy of legal notice Ex.C5, postal receipts Ex.C6 and Ex.C7 and closed the evidence on 29.08.2022 by suffering separate statement.

5.             Learned counsel for OPs tendered into evidence affidavit of Shruti Kirti, ICICI Bank Ltd as OP1/A, copy of application form Ex.OP1, copy of additional information for central KYC registry Ex.OP2, copy of inventory-cum-appraiser’s certificate Ex.OP3, copy of sanction letter Ex.OP4, copy of loan statement Ex.OP5 and closed the evidence on 19.10.2023 by suffering separate statement.

6.             We have heard the learned counsel of the parties and perused the case file carefully and have also gone through the evidence led by the parties.

7.             Learned counsel for complainant, while reiterating the contents of the complaint, has vehemently argued that the husband of complainant had obtained a gold loan from the OPs and during the pendency of loan, the husband of complainant has been missing and in this regard an FIR was also got lodged by the complainant in the Police Station Butana. Despite searching by the complainant and her relative, the husband of complainant did not find. The police also filed final report U/s 173 Cr.P.C. in the concerned Court. The complainant also paid the outstanding loan amount with the OPs but despite that the gold ornaments kept by the OPs at the time of sanctioning of loan as security has not been returned to the complainant. The daughter of the complainant is of marriageable age and for her marriage the gold ornaments are required. There is deficiency in service and unfair trade practice on the part of OPs and lastly prayed for allowing the complaint.  

8.             Per contra, learned counsel for the OPs, while reiterating the contents of written version, has vehemently argued that the husband of the complainant has obtained gold loan. The complainant had paid outstanding loan amount and also submitted the final report U/s 173 Cr.P.C. but till date it has not been proved that the loanee has been died. Thus, the gold articles cannot be released to the complainant and lastly prayed for dismissal of the complaint.  

9.             We have duly considered the rival contentions of the parties.

10.           Admittedly, the husband of complainant has obtained gold loan from the OPs. It is also admitted that the complainant has paid the outstanding loan amount and nothing is due qua the loan. It is also admitted that the complainant was the nominee in the said loan.   

11.           The OPs have denied to return the gold ornaments on the ground that it has not been proved that the loanee has died and without his death certificate the gold ornaments cannot be released to the nominee.

12.           The husband of the complainant has been missing on 25.10.2019 and in this regard complainant got lodged First Information report Ex.C1 dated 31.10.2019, under section 346 IPC, in Police Station Butana, District Karnal. Police submitted Final report U/s 173 Cr.P.C Ex.C2 dated 29.06.2020. The husband of the complainant was the employee in Government Polytechnic, Nilokheri as Mali-cum-Baildar. The complainant was appointed as Peon-cum-Attendant to dependent of the missing government employee vide appointment letter dated 10.11.2020 Ex.C3 by the Director General, Technical Education Haryana. Approximately four and half years have been elapsed. Hence, there is no possibility of finding out of missing person. The complainant is a very poor lady and her daughter is of marriageable age and she wants to perform her marriage. Hence, in view of the above, situation it would not be justifiable to withheld the gold ornaments for further period. Thus, the act of the OPs amounts to deficiency in service and unfair trade practice while retaining the gold ornaments of the complainant on clearance of the loan. 

13.           Thus, as a sequel to abovesaid discussion, we allow the present complaint and direct the OPs to return the gold ornaments as mentioned in the inventory-cum-appraiser’s certificate Ex.OP3 dated 17.05.2019, to the complainant within 30 days on receipt of this order. It is made clear that if this order shall not comply within the said period, the OPs will liable to pay Rs.10,000/- on account of harassment to the complainant. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated:18.03.2024                                                             

                                                                  President,

                                                     District Consumer Disputes

                                                     Redressal Commission, Karnal.

 

(Vineet Kaushik)        (Dr. Suman Singh)

                           Member                          Member