IN THE CONSUMER DISPUTES REDRESSAL  COMMISSION, KOLLAM

Dated this the   7^th  Day of  June   2022

  Present: -  Sri. E.M.Muhammed Ibrahim, B.A, LL.M. President

        Smt.S.Sandhya Rani, Bsc, L.L.B,Member

                   Sri.Stanly Harold, B.A.LLB, Member

                                                    CC.225/2019

Mary Dayana James                           :         Complainant

St.Antony Villa

Lekshmi Nagar-120 A

Thekkevila, Kollam-691016.

[By Adv.Boris Paul&Adv.Lathika.S]

V/s

1. The Manager                            :         Opposite parties

         ICL Fincorp Limited

        Madan Nada Branch

        Madan Nada, Kollam.

2. ICL Fincorp Limited

          Head Office

         Main Road

         Irinjalakkuda.

FINAL  ORDER

E.M.MUHAMMED IBRAHIM , B.A, LL.M, President

          This is a case based on a complaint filed u/s 12 of the Consumer Protection Act.

          The averments in the complaint in short are as follows:-

          The complainant and her husband has been running a Medical Shop at Kollam by obtaining loan.  The husband of the complainant had obtained a loan from the opposite parties by pledging gold which was repaid by paying daily installment by way of door collection.  The staff of the opposite parties had induced the complainant to obtain loans by pledging gold ornaments stating that they have attractive schemes.  Attracted by the above inducement whenever the complainant is in need of money urgently she used to pledge gold ornaments with the opposite parties and got released the gold ornaments by paying principal and interest.  At present there are six such loans availed by the complainant.  The details of the loan  are  as shown below:-

The complainant  arranged money to repay the entire loan amount with interest.  But the opposite parties delayed the closure on several pretexts.  They failed to give a statement of account showing the calculation of interest inspite of several repeated requests.  Thereafter the 1^st opposite party demanded that the loan payable by the husband should be closed first otherwise they don’t allow the complainant to close the Gold loans.  The  above  denial of the opposite parties is illegal and unfair practice and deficiency in service.  Due to such illegal acts, the complainant is unable to close the loan accounts and interest is accruing day by day.  The opposite parties are purposefully making delay tactics to obtain more interest from the complainant and thereby the complainant has sustained much mental agony apart from financial loss.  The complainant further prays to allow her to close the gold loan accounts obtained from the opposite parties.  The complainant further prays to award compensation for the loss sustained as well as for the mental agony.

          Though both opposite parties filed written version, they have not participated in the trial and remain exparte.

          The complainant filed proof affidavit and got marked  Ext.P1  to P6 &P7 series documents.  Heard the counsel for the complainant who has also filed notes of argument.

          The unchallenged averments in the complaint coupled with Ext.P1 to P6 and P7 series documents would establish the case of the complainant.  Though the opposite party has not filed any version nor cross examined the complaint,  they have produced several documents when the case was posted for argument including gold loan application filed by the complainant  and loan sanctioning record.  The above documents are marked together as Ext.X1 series(a) to (f).  The loan application cum loan sanction document page of Ext.X1 series (a) to (f) would indicate that annual rate of interest is 16%  per annum for gold loan.

          In view of the unchallenged averments in the affidavit coupled with Ext.P1 series  to P6  series documents we find merit in the complaint and the same is only to be allowed.  In the result complaint stands allowed in the following terms.

1. The opposite parties 1&2 are directed to issue a proper statement of accounts to the complainant in respect of the gold loans stated in the complaint and received the loan amount with interest as shown in the loan application cum loan sanctioning document and close the loan account and also to return the gold ornaments to the complainant without further delay.
2. The opposite partiers No.1&2 are further directed to pay Rs.10,000/- as compensation to the complainant for deficiency in service committed.
3. The opposite parties are further directed to pay Rs.5000/- as costs of the proceedings to the complainant.

The opposite parties No.1&2 are directed to comply with the above directions within 45 days from today failing which the complainant is at liberty to approach  the Court u/s 71&72 of  the Consumer Protection Act 2019.

Dictated to the Confidential Assistant  Smt. Deepa.S transcribed and typed by her corrected by me and pronounced in the  Open Commission this the   7^th day of  June   2022.

E.M.Muhammed Ibrahim:Sd/-

S.Sandhya Rani:Sd/-

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent

INDEX  

Witnesses Examined for the Complainant:-Nil

Documents marked for the  complainant

Ext P1:        Copy of certificate of loan No.GL5618000111 dated 13.03.2019 for an amount of Rs.71000/-.

Ext P2:        Copy of certificate of loan No.0110540700003169  dated 04.12.2018 for an amount of Rs.32,500/-.

Ext.P3:        Copy of certificate of loan No.0110540700003572 dated 02.02.2019 for Rs.12,500/-.

Ext.P4:        Copy of certificate of loan No.0110540700003349 dated 29.12.2018 for Rs.17,300/-.

Ext.P5         :Copy of certificate of loan No.0110540700003382 dated 04.01.2019 for Rs.24,200/-.

Ext.P6         :Original customer copy for gold loan(6 No.s)

Ext.P7 series: 5 notices dated 06.01.2020 issued by opposite parties to complainant threatening auction of Gold Ornaments.

Witnesses Examined for the opposite party:-Nil

Documents marked for the opposite party:-

Ext.X1 series(a)    : Office copy of loan No.GL5618000111 dated 13.03.2019 for an amount of Rs.71000/-.

Ext.X1 series(b)    : Office copy of  loan No.0110540700003169  dated 04.12.2018 for an amount of Rs.32,500/-.

Ext.X1 series(c)    : Office copy of loan No.0110540700003572 dated 02.02.2019 for Rs.12,500/-.

Ext.X1 series(d)    : Office copy of loan No.0110540700003349 dated 29.12.2018 for Rs.17,300/-.

Ext.X1 series(e)    : Office Copy of certificate of loan No.0110540700003382 dated 04.01.2019 for Rs.24,200/-.

Ext.X1 series(f)     : Office copy of certificate of loan No.0110540700003440 dated 12.01.2019 for Rs.17,300/-.

E.M.Muhammed Ibrahim:Sd/-

S.Sandhya Rani:Sd/-

Stanly Harold:Sd/-

Forwarded/by Order

Senior Superintendent