By. Sri. Chandran Alachery, Member:
The complaint is filed under section 12 of the Consumer Protection Act for an Order directing the opposite party to give back 23.9 gram gold ornaments or to pay the value of 23.9 gram gold ornaments and 'panikoolie' with 14% interest and also to pay Rs.5,000/- as compensation and cost of the proceedings.
2. Brief of the complaint:- The complainant availed a gold loan from opposite party on 29.12.2012 by pledging 23.9 grams of gold ornaments. The complainant is an account holder of opposite party bank wide account No.5408 and the address furnished was Jinu Banerji, conductor, KSRTC, KSHB Housing colony, Thirunelly, Mysore road. Later the complainant changed and submitted his residential address to opposite party as Adithya Bhavan, Kuppadi, Bathery. The complainant is a regular customer of opposite party Bank. The complainant on 21.03.2014 approached opposite party Bank to repay the loan amount and to take back the gold ornaments, the opposite party bank informed the complainant that the gold ornaments are sold off by auction. The complainant did not receive any notice before auction to repay the loan amount from opposite party bank. The gold ornaments pledged are the ornaments of complainant's wife and mother and he had so much mental attachment with that ornaments. By auctioning their ornaments, the complainant suffered much mental agony and financial loss. The act of opposite party is nothing but deficiency of service. Aggrieved by this the complaint is filed.
3. On receipt of complaint, notice was issued to opposite party and opposite party appeared before the Forum and filed version. In the version, the opposite party contented that in the loan application, the address given by the complainant is Jinu Banerji, Tejas, KSHB Colony, Sulthan Bathery. The complainant signed the loan agreement and is liable to pay the loan debt within the stipulated date and it is not the duty of the bank to inform the loanee regarding auction. Even though, the bank had informed the loanee through registered letter in the address given by loanee. There is no latches on the part of opposite party.
4. On going through the complaint, version and documents by both parties, the Forum raised the following points for consideration:-
1. Whether there is any deficiency of service from the part of opposite party?
2. Relief and Cost.
5. Point No.1:- The complainant filed proof affidavit and complainant is examined as PW1, documents are marked as Exts.A1 to A6. Opposite party also filed proof affidavit and opposite party is examined as OPW1 and documents are marked as Exts.B1 to B9. Ext.A1(a) is the specimen signature form wherein the address shown is Jinu Banerjee, Conductor, KSRTC, Thejas, KSHB Colony, Thirunelly, Mysore road. Ext.A1(b) is the Savings Bank Account opening form wherein also the same address is provided. Ext.A2 is the loan application form wherein the address is shown as 'Jinu Banerjee, Thejas, KSHB Colony, Adithya Bhavan Sulthan Bathery, mobile number is also provided in Ext.A2. Ext.A3 is another loan application wherein the address is shown as Jinu Banerjee, Adithya Bhavan, Sulthan Bathery, Kuppady, phone number is provided. Ext.A4 is the notice send by Jinu Banerjee, Thejas, KSHB colony, Sulthan Bathery. Ext.A5 is another notice issued by opposite party to the complainant wherein the address shown as Jinu Banerjee, Adithya Bhavan, KSHB colony, Sulthan Bathery Post. Ext.B2 is the document which is same document copy marked as Ext.A1(a). Ext.B3 is the document which is the same document copy marked as Ext.A1(b). Ext.B4 is the document which is the same document copy marked as Ext.A2. Ext.B5 is the same as Ext.A4. Ext.B6 (1 to 3) are the notice cover, acknowledgment card and intimation send to complainant by opposite party. The address shown in Ext.B6 series is 'Jinu Banerjee, Adithya Bhavan, KSHB colony, Sulthan Bathery Post. Ext.B7 is the paper publication regarding auction.
6. On going through the evidences and documents, the Forum found that Ext.B7 paper publication does not contain the name of complainant, details of auction and loan application number. So Ext.B7 cannot be taken in to consideration as a proper notice. Ext.A4 ie Ext.B5 and Ext.A5 ie Ext.B6(1 to 3) are the notices issued to the complainant before auction. In both these documents, on perusal it is found that in Ext.A5 the word 'Thejas' is omitted, and in Ext.A4, the word 'Adithya Bhanvan' is omitted. In Ext.A3 the word 'Kuppadi' is also there. In all these notices the word 'kuppadi' is also not written. The complainant provided his mobile number in both loan applications. The opposite party did not produce any evidence to prove that the opposite party tried to contact the complainant in mobile phone in order to inform him regarding auction. On verifying all these documents, the Forum found that the opposite party bank had not informed the complainant either telephonically or through proper prior notice before auction in correct address. The notices send by the opposite party bank are found to be incomplete address. The opposite party bank did not adopt any other methods to contact the loanee before auctioning the pledged gold ornaments. Since the complainant is a regular customer of opposite party, the opposite party bank must be more careful and vigilant in taking any action in his account. The opposite party bank failed to do it. So the Forum is of the opinion that the act of opposite party bank is nothing but deficiency of service. Point No.1 is found accordingly.
7. Point No.2:- Since point No.1 is found in favour of complainant, the complainant is entitled to get cost and compensation. The Point No.2 is decided accordingly.
In the result, the complaint is partly allowed, and the opposite party bank is directed to pay the value of 23.9 grams of gold ornaments pledged by the complainant in the prevailing market rate as on the payment date after deducting (loan amount and interest ie 35,000 +13.5% interest from 29.12.2012 to 20.12.2013 ie 4,725/-) and 17,500+13% interest from 25.02.2013 to 20.12.2013 ie 1,895/- a total sum of Rs.59,120/- from the value of gold ornaments to be paid by the complainant to opposite party bank. The opposite party bank is also directed to pay Rs.1,000/- (Rupees One Thousand Only) towards compensation and Rs.1,000/- (Rupees One Thousand Only) as cost of the proceedings to the complainant. The opposite party bank is directed to comply the order within 30 days from the date of receipt of this order. if the opposite party bank fails to comply the order within 30 days from the date of receipt of this order, the complainant is entitled to get 12% interest for whole sum ordered.
Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 8th day of January 2015.
Date of Filing:14.11.2014
PRESIDENT :Sd/-
MEMBER :Sd/-
MEMBER :Sd/-
/True Copy/
Sd/-
PRESIDENT, CDRF, WAYANAD.
APPENDIX.
Witness for the complainant:
PW1. Jinu Banerjee. Complainant.
Witness for the Opposite Party:
OPW1. V. V. Revamma. Ex-officer, Wayanad District Co-operative
Bank, Kalpetta North.
Exhibits for the complainant:
A1(a). Copy of Specimen Card.
A1(b). Copy of Form No.60. dt:21.03.2006.
A2. Copy of Loan application. dt:29.12.2012.
A3. Copy of Loan application. dt:25.02.2013.
A4. Copy of Notice.
A5. Copy of Notice.
A6. Copy of Auction Notice. dt:11.12.2013.
Exhibits for the opposite Party.
B1. Certificate. dt:11.09.2014.
B2. Specimen Card. dt:21.03.2006.
B3. Form No.60. dt:21.03.2006.
B4. Loan Application. dt:29.12.2012.
B5. Returned Notice.
B6(Series). Returned Notice, Cover and Acknowledgment Card.
B7. Paper Publication. dt:30.11.2013.
B8. Loan Ledger.
B9. Ledger of Savings Bank Account.
Sd/-
PRESIDENT, CDRF, WAYANAD.
