Karnataka

Kolar

CC/57/2019

K.N.Ramaswamy - Complainant(s)

Versus

The Manager, Indian Overseas Bank - Opp.Party(s)

05 Dec 2019

ORDER

 

Date of Filing: 16.08.2019

Date of Disposal: 05.12.2019

 

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

 

Dated: 05^th DAY OF DECEMBER 2019

PRESENT

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

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

C.C.NO.57 OF 2019

Sri. K.N. Ramaswamy,

S/o. Late K.Narayanaswamy,

Aged About 61 years,

R/at: No.14, Ward No.14,

Kandhavara, Chikkaballapur Town.           

(Rep. by Sri. M. Lokesh Murthy, Advocate)                  ….  Complainant.

- V/s -

The Branch Manager,

Indian Overseas Bank,

B.B. Road Branch, B.B.Road,

Chikkaballapur.

(Rep. by Sri. K. Thimmarayappa, Advocate)                       ….. Opposite Party.

: ORDERS :

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT,

01.   The complainant has filed this consumer complaint against OP and prays for grant of compensation of Rs.3,00,000/-towards sufferings and mental agony with costs and such other reliefs.

 

02.   The brief facts of the complainant case is that, the complainant had availed gold loan on 03.09.2016 from the OP-Bank by pledging his Gold chain and the said loan was pending with the OP-Bank.  On 06.07.2019 he went to OP-Bank and expressed his intention to settle the said gold loan and submitted his representation to that effect and requested the Bank to furnish the details of the principal amount, interest, etc., but in vain.  Thereafter on 7^th & 8^th of July 2019 the complainant personally went and enquired with OP-Bank to furnish details of his loan account and there was no proper response from the OP-Bank and thereafter the complainant personally went and enquired with the OP-Bank and OP-Bank prolonged the same on one or the other reasons.  Later on the complainant went and approached the Bank Manager and shocked to know that, his gold chain pleadged by him was already auctioned and adjusted against his loan account.  The OP has not issued any notice and acted contrary to the provisions and violated the principles of natural justice and due to the negligent attitude of the OP the complainant has suffered irreparable loss and injury and hardship and prays to allow the complaint as prayed by him.

 

03.   OP appeared through the counsel and filed version by denying the case of the complainant as false and put the complainant to prove the allegations made against the OP which are not specifically admitted.  The OP has specifically contended that, the complainant applied for gold loan facility from the Bank by pleadging 40 grams of gold ornament and the bank has sanctioned Rs.72,000/- loan on 03.09.2014.  The complainant has executed loan agreement in favour of the OP-Bank and agreed to the terms and conditions stipulated in the loan agreement and agreed to repay the same together with interest @ 7% per annum.  At condition No.2, the repayment of loan within 6/12 months or earlier as and when demanded by the Bank.  Condition No.3, if failure to pay the loan within 6/12 months or earlier as demanded, the Bank will entitled to sell the whole or part of jewelers in order to realize its dues even without any intimation or notice.  The complainant after availing the loan failed to repay the loan amount as per the terms and conditions of the loan agreement in spite of repeated demands and requests made by the Bank.  On 21.01.2017 the Bank has issued notice to the complainant demanding him to repay the loan amount, but the complainant has failed to comply the notice and thereafter on 03.03.2017 the Head office of the Bank has issued paper publication in the Daily Kannada News paper for auction of the complainant’s gold on 15.03.2017 and even then the complainant has not made any attempts to repay the gold loan amount.  On 15.03.2017 the Bank has auctioned the complainant’s gold ornaments in public auction and the same has been adjusted to the complainant’s gold loan account.  The complainant has filed this false complaint only to harass the OP-Bank and prays to dismiss the complaint with exemplary cost.

 

04.   The complainant has filed affidavit by way of examination-in-chief.  Sri. Yasim Pasha, Manager of OP has filed affidavit by way of examination-in-chief. 

 

05.   The complainant has filed 03 documents along with Memo dated: 16.08.2019 i.e.,

(i) Copy of representation dt.06.07.2019 addressed to OP – Annexure-A.

(ii) Copy of the Jewel Loan Card – Annexure-A1

(iii) Copy of the representation dt.09.07.2019 addressed to OP – Annexure-B

 

06.   The OP has filed Memo with 06 documents along with the affidavit evidence i.e.,

(i) Notarized copy of the Loan agreement dt.03.09.2014

(ii) Notarized copy of Order Consumer Complaint No.57/2015

(iii) Notarized copy of Track Consignment and postal receipt dt.27.01.2017

(iv) Notarized copy of Demand Notice

(v) Notarized copy of paper publication

(vi) Xerox copy of returned postal cover

 

07.   The counsel for OP has also produced 05 documents along with Memo dated: 19.11.2019 and 02 documents with Memo dated: 26.11.2019 as follows:-

(i) Original Loan Agreement dated: 03.09.2014-Annexure-1

(ii) Office Copy of Demand Notice – Annexure-2

(iii) Original track consignment copy with original Postal receipt – Annexure-3

(iv) Copy of Paper Publication issued by the Authorized person of Vijayavani – Annexure-4

(v) Original RTC Extract – Annexure-5

(vi) Original Auction details

(vii) Copy of Account extract issued by Bank.

 

08.   Heard arguments on both sides.

 

09.   Now the Points that do arise for our consideration are that:-

1. Whether the complainant has made out deficiency of service on the part of the OP-Bank?

 

2. Whether the complainant is entitled for the relief as prayed by him?

 

3.  What order?

 

10.   Our findings to the above points are that:-

 

POINT Nos.1 & 2:    Are in the Negative.

 

POINT No.3:            As per final order for the

following:-

 

REASONS

POINT Nos.1 & 2:-

11.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, version, affidavit evidence and so also the documents produced by both parties.  It is a fact that, the complainant has availed gold loan with OP-Bank by pleadging 40 grams of golden chain and availed loan of Rs.72,000/- by executing loan agreement.  The complainant has contended that, he has availed the gold loan from OP-Bank on 03.09.2016 by pleadging his gold chain and the said loan was pending with the OP-Bank and to that effect the complainant has produced Xerox copy of the Jewel Loan Card as per Annexure-A.1 and on perusal of the said document to the natural eye, the year looks as 16, but on the other hand the OP-Bank has specifically contended that, the complainant has availed the gold loan on 03.09.2014 and falsely stated as 03.09.2016 by the complainant and the OP has produced original gold loan form as per Annexure-1.  On perusal of the above said facts it clearly reveals that, the complainant has suppressed the material facts and the complainant has not come to the Forum with clean hands.  The complainant has also produced copy of the representation given to the OP as per Annexure-A & B.

 

12.   Further on perusal of original gold loan request form i.e., Annexure-1 as per condition No.2 of the loan agreement, the repayment of loan is within a period of 6/12 months or earlier as and when demanded by the OP-Bank and as per condition No.3, if failure to pay the loan amount within 6/12 months or earlier as and when demanded by the OP-Bank they are entitle to sell the whole or part of jewel to realize its dues without any intimation or notice.  As the complainant has not repaid the loan amount, the OP has issued notice to the complainant dated: 21.01.2017 demanding to repay the loan amount and the complainant has failed to comply the same.  The OP-Bank Head Office has issued paper publication dated: 03.03.2017 in Kannada daily news paper, notifying sale of complainant’s gold and the date is fixed on 15.03.2017.  But the complainant has not at all bothered to repay the loan amount after availing the loan and the OP-Bank has auctioned the complainant’s gold chain in public auction on 15.03.2017 and the amount has been adjusted to the complainant’s gold loan account.  The OP has produced copy of the Vijayavani paper publication dated: 04.03.2017 as per Annexure-4 and so also produced copy of auction details and account extract of the complainant through Memo dated: 26.11.2019.   The said auction sale was dated: 15.03.2017, but the complainant has slept over the matter though he has availed the gold loan on 03.09.2014 and opened his eyes only on 06.07.2019 and given representation about details of his gold loan to clear the gold loan account.  And by that time, the said golden chain was already auctioned and there is no deficiency of service on the part of OP. 

 

13.   Now it is relevant to state here that, the consumer complaint is to be filed within two years from the date of cause of action and here in this case the complainant has availed gold loan on 03.09.2014 and as per gold loan agreement i.e., Annexure-1 the complainant has to clear the said gold loan within one year and the consumer complaint is to be filed within two years i.e., on 02.09.2017, but the complainant has filed this complaint on 16.08.2019 and there is a delay of nearly two years as contemplated Under Section 24A of Consumer Protection Act, 1986.  The complainant has also not at all filed any application for condonation of delay and the said complaint filed by the complainant is barred by time and mere giving representation dated: 06.07.2019 and 09.07.2019 i.e., Annexure-A & B it does not give raise fresh cause of action.

 

14.   Hence under these circumstances as discussed above, the complainant has failed to make out deficiency of service against the OP-Bank, hence the complainant is not entitled for any relief as prayed by him and accordingly we answer Point Nos.1 & 2 are in the negative.

 

POINT No.3:-

15.   In view of our findings on Point Nos.1 & 2 and the discussion made thereon, we proceed to pass the following:-

 

ORDER

01.   The complaint filed by the complainant is dismissed.  No order as to costs.

02.   Send a copy of this order to both parties free of cost.

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 05^TH DAY OF DECEMBER 2019)

 

 

   LADY MEMBER                         PRESIDENT