West Bengal

Paschim Midnapore

CC/120/2013

Sri Ranjan Biswas - Complainant(s)

Versus

The General Manager, India Infoline Finance Ltd - Opp.Party(s)

17 Oct 2014

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

 

 Complaint case No.120/2013                                                         Date of disposal:  17/10/2014                               

 BEFORE : THE HON’BLE PRESIDENT :  Mr. Sujit Kumar Das.

                                                      MEMBER :  Mrs. Debi Sengupta.

                                                      MEMBER : 

  

    For the Complainant/Petitioner/Plaintiff : Mr. T. K. Mondal,  Advocate.

    For the Defendant/O.P.S.                        : Mr. A. Das,  Advocate.                                   

          

    Sri Ranjan Biswas, S/o Late Abani Biswas, Kharida Bidhanpally, Ward No.13, P.O & P.S. - Kharagpur (Town), Dist- Paschim Medinipur, West Bengal…………..Complainant

                                                           Vs.

1. The General Manager, India Infoline Finance Ltd., Registered Office at IIFL House, Sun Infotech Park, Road No-16V, Plot No.B-23, MIDC, Thane Industrial Area, Wagale Estate, Thane-400604,
2. The Regional Manager, India Infoline Finance Ltd., IIFL Gold Loan, 5^th Floor, A/C Market, Shakespeare Sarani, Kolkata-71,
3. The Branch Manager, India Infoline Finance Ltd., Kharida Malancha Road, Near Miloni Cinema, Town,P.O.& P.S.-Kharagpur, Dist.- Paschim Medinipur...……………Ops.

          The case of the complainant Sri Ranjan Biswas, in short, is that he took loan of `13500/- on 22/09/2012 against Gold Ornament.  It is alleged that in spite of repayment of the said loan the Op does not deed return of the valuable mortgaged article being Gold Ornaments.  Stating the case the complainant raised deficiency of service against the Op.  

          The Op contested the case by filling written objection challenging that the case is not maintainable for want of cause of action.  There is no case of repayment of the loan and as such the complainant is not entitled to get return of the gold article.  Thus, the case should fail.   

          Upon the case of both parties the following issues are framed.

Issues:

1. Whether the case is maintainable in its present from?

Contd…………….P/2

 

 

- ( 2 ) -

2. Whether the complainant has any cause of action for presentation of this petition of complaint?
3. Whether the complainant is entitled for getting relief as prayed for.?

 

Decision with reasons

Issue Nos.1 to 3:

              All the issues are taken up together for discussion as those are interlinked each other for the purpose of arriving at a correct decision in the dispute.

              Ld. Advocate for the complainant made his argument that the Op has, for wrongful gain, raised a bill of outstanding claim in respect of the loan on the plea of non payment of the same from the end of the complainant.  So, there is good ground for holding deficiency of service against the Op.  In view of the matter the Forum should allow the prayer of the complainant.

Ld. Advocate for Op raised strong objection through his argument challenging that there

   is no evidence showing repayment of the loan against mortgage of Gold Ornaments.  Under the

   facts and circumstances, the complainant has no cause of action for getting relief by presentation

   of this case on false ground against the Op.  So, the case should be dismissed.

        We have carefully perused the case and it appears that there is no evidence to establish the claim that the complainant has made repayment of the loan availed of by himself upon keeping mortgage of his Gold Ornament. If that be so, we are unable to satisfy the prayer of the complainant.

        Under the facts and circumstances, the case has no cause of action and as such the same should be dismissed.

        All the issues are disposed of accordingly.  

               Hence,

                           It is Ordered,    

                                                    that the case be and the same is dismissed  on contest  without cost.

Dictation & Corrected by me

              

         President                          Member              Member                             President

                                                                                                                  District Forum

                                                                                                              Paschim Medinipur.