In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No. 109 / 2011.
1) Sri Malay Pratim Basu,
1050/1, Survey Park, Kolkata-700075. ---------- Complainant
---Versus---
1) The Manager, Muthoot Finance Ltd., Gariahat,
210/1A, Rash Behari Avenue, P.S. Gariahat, Kolkata-700029. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 18 Dated 31/08/2012.
The petition of complaint has been filed by the complainant Sri Malay Pratimn Basu against the o.p. Muthoot Finance Ltd. The case of the complainant in short is that complainant was sanctioned the gold loan by o.p. an amount of Rs.9,67,700/- by pledge of gold ornaments on 4.12.09 and a loan agreement was executed to that effect but no copy of such loan agreement was supplied to complainant by o.p.
Since sanctioning the loan against the gold ornaments of complainant, o.p. deliberately has neglected to send and supply the statement in any point of time not only that but also despite repeated demands of complainant, o.p. has neglected to pro vide the intimation regarding the appreciation of value of the gold ornaments of complainant.
On 20.7.10 o.p. has issued and sent 6 notices in respect of the accounts bearing PPL Nos.0005078, 0005079, 0005080, 0005081, 0005082, 0005083 demanding the unfounded amount. Complainant stated that time and again he visited to the office of o.p. and requested o.p. to provide the statement of accounts in detail in respect of the said gold loan account but all the efforts of complainant has gone in vain.
Finally complainant served a letter dt.22.3.11 through his Advocate Sudip Kr. Das seeking for statement of accounts. Hence the case.
O.p. had entered its appearance in this case by filing w/v and denied all the material allegations labeled against it. Ld lawyer of o.p. in the course of argument submitted that complainant had got no merit in his case and the instant case is liable to be dismissed.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and we find from the record that o.p. had sufficient deficiency being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed on contest with cost against o.p. O.p. is directed to supply the statement of account to the complainant and is restrained from disposing of / transferring and/or moulding the gold ornaments pledged by complainant and o.p. is further directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for his harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties at free of cost.
