Karnataka

Kolar

CC/2/2020

Smt.Sarojana - Complainant(s)

Versus

The Manager, Canara Bank - Opp.Party(s)

26 Aug 2020

ORDER

Date of Filing: 01.01.2020

Date of Order: 26.08.2020

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 26^TH DAY OF AUGUST 2020

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., …… PRESIDENT

SRI. B.M. NAGARAJA, B.A., LLB., ….. MEMBER

 

CONSUMER COMPLAINT NO. 02 OF 2020

Smt. Sarojamma,

Aged About 52 Years,

W/o. Late C. Gangappa,

Kanganalluru Village,

Hankunda Post, K.G.F. Taluk.                                       ….  COMPLAINANT.

(In-person)

- V/s –

The Manager,

Canara Bank,Bangarpet Branch,

Bangarpet.

(Rep. by Sri.L.N. Ramanatha, Advocate)                         …. OPPOSITE PARTY.

ORDER

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against OP and prays to direct the OP to return the golden articles pleadged by her husband, Rs.20,000/- towards mental agony and harassment and Rs.10,000/- towards expenses.

 

02.   The brief facts of the complainant case is that, on 15.03.2018 the complainant husband by name Gangappa had pleadged 31 grams of golden ornaments before the OP-Bank and borrowed gold loan of Rs.33,000/-.  Unexpectedly on 08.03.2019 her husband was died and thereafter she approached the Manager of OP-Bank with respect to the said gold loan and paid the said loan amount with interest and requested the OP-Bank to return the golden ornaments pleadged by her husband and there is no response from OP-Bank.  Thereafter she approached OP-Bank on several times and requested to return the pleadged golden ornaments, the OP-Bank has not taken any action to return the said golden ornaments.  Thereafter on 09.12.2019 the complainant issued notice to the OP-Bank seeking return of the golden articles which were pleadged by her husband, the OP-Bank did not give any reply.  Thereafter the complainant approached before this Commission for the relief as prayed by her. 

 

03.   The complainant has filed following documents at the time of filing complaint:- 1) Xerox copy of the Notice dated: 09.12.2019, 2) Xerox copy of the Gold Loan Ticket dated: 15.03.2018, 3) Xerox copy of the Common Pay-in-slip dated: 13.09.2019, 4) Xerox copy of the Ration Card, 5) Xerox copy of the Death Certificate of Gangappa.C, 6) Xerox copy of the Aadhar Card of Gangappa.C, 7) Xerox copy of the Aadhar Card of Smt.Sarojamma, 8) Xerox copy of Identity Card issued by Election Commission of Gangappa, 9) Xerox coy of Identity Card issued by Election Commission of Smt.Sarojamma, 10) Xerox copy of postal Acknowledgment.

04.   The OP appeared through the counsel, but in spite of taking sufficient time did not file version.

05.   The complainant has filed affidavit in support of her case and also produced two documents i.e.,

(i) Original Gold Loan Ticket dated: 15.03.2018 for Rs.33,000/-

(ii) Canara Bank Pass-book of Sri. Late. Gangappa.K.C. husband of the complainant.

06.   Heard arguments of the complainant.

07.   Now the points that do arise for our consideration are that:-

(1)    Whether the complainant has proved deficiency of service on the part of the OP-Bank

 

(2) Whether the complainant is entitled for the relief as prayed by her?

 

(3) What order?

 

08.   Our findings on the above points are:-

POINT (1):-      In the Affirmative

POINT (2):-      Partly in the Affirmative

POINT (3):-      As per the final order

for the following:-

REASONS

09.   POINT (1)& (2):-These points are taken up together for discussion to avoid repetition of facts.  The complainant is an uneducated women and not having worldly knowledge and she did not know the proceedings before the Commission and narrated the facts and the documents produced by her.  On perusal of the complaint, affidavit, along with documents produced by the complainant, it is a fact that, on 15.03.2018 the husband of the complainant by name Gangappa had pleadged 31 grams of golden ornaments before the OP-Bank and borrowed gold loan of Rs.33,000/-, butunfortunately on 08.03.2019 the husband of the complainant was died.

 

10.   Thereafter the complainant approached the Manager of the OP Bank with respect to the said gold loan and paid the said gold loan amount with interest of Rs.38,040/- and requested the OP-Bank to return the golden ornaments pleadged by her husband, but there is no response from the OP-Bank and all the efforts made by the complainant are all goes in vain.  The OP-Bank has retained the said golden ornaments illegally. 

 

11.   To support the case of the complainant she has produced original gold loan ticket dated: 15.03.2018 of OP-Bank, which is in the name of the husband of the complainant, Xerox copy of the notice issued by the complainant against OP dated: 09.12.2019, Xerox copy of the postal acknowledgment for service of notice to OP, Xerox copy of common pay-in-slip dated: 13.09.2019 for depositing a sum of Rs.38,040/- towards gold loan, Original Pass book of the husband of the complainant having account No.0485101026985, Xerox copy of Death Certificate, Xerox copy of Aadhar Card, Xerox copy of two identity cards issued by the election commission of her husband and the complainant. 

 

12.   The above said material facts clearly revealed that, the husband of the complainant by name Gangappa had obtained gold loan of Rs.33,000/- on 05.03.2018 by pleadging golden ornaments of the complainant and it is of specific purpose but unfortunately the husband of the complainant was died on 08.03.2019.  Thereafter the complainant approached the OP-Bank to return the golden ornaments pleaded by her husband and she cleared the loan amount with interest as per common pay-in-slip dated: 13.09.2019 and deposited a sum of Rs.38,040/-to the OP-Bank.  On perusal of the original gold loan ticket it bears account No.048584210944 and the said gold loan amount with interest was deposited by the complainant on 13.09.2019 to the account of the husband of the complainant bearing No. 0485101026985.  The said gold loan amount and interest was transferred to the gold loan account No.0485842010944on 17.10.2019and in spite of that, the OP-Bank has refused to return the pleadged golden ornaments which were pleadged by the husband of the complainant without any reasons on one or the other reason and it amounts to deficiency of service and unfair trade practice on the part of the OP-Bank. 

 

13.   When the complainant had cleared the gold loan with interest on 17.10.2019 itself it was obligatory on the part of the OP-Bank to return the golden ornaments to the complainant, but OP-Bank has failed to do so without any reason and the bank is bound to return the pledged golden ornaments to the complainant.  In this regard, we relay judgment of the Hon’ble National Commission reported in 1996 CPJ 54, wherein their lordship has justified the order of the Hon’ble State Commission and directed the Bank to release the golden bangles to the complainant.  The principles of the above said citation is attracted to the facts and circumstances of the case on hand to allow the complaint. Though the OP has appeared through the counsel and has not filed version in spite of taking sufficient time.  Hence the evidence of the complainant and the above said documents produced by the complainant are all goes unchallenged and the complainant is entitled for the relief and accordingly we answer these points accordingly.

 

14.   POINT (3):-      In view of our finding on point No.1 & 2 and the discussion made thereon, we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is partly allowed with cost of Rs.3,000/-

02.   The OP-Bank is directed to return the golden ornaments to the complainant which were pleadged by the husband of the complainant on 09.09.2020 in gold loan account No.0485842010944.

03.  The complainant is directed to appear before the OP-Bank on 09.09.2020.

04.   The complainant is also entitled a sum of Rs.10,000/- towards harassment, mental agony and inconvenience caused to her.

05.   The OP-Bank is directed to comply the above said order and failing which the complainant is entitled for interest at 9% per annum on the value of the pleadged gold till return of the golden ornaments from the date of this order.

06.   Send a copy of this order to both parties free of costs.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 26^thDAY OF AUGUST 2020)

 

 

          MEMBER                                    PRESIDENT