Karnataka

Kolar

CC/98/2018

Sri.Manjunatha.K.N - Complainant(s)

Versus

The Manager, - Opp.Party(s)

22 Feb 2019

ORDER

Date of Filing: 18/12/2018

Date of Order: 22/02/2019

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

 

Dated: 22^nd DAY OF FEBRUARY 2019

PRESENT

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

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

 

CONSUMER COMPLAINT NO. 98 OF 2018

Sri. Manjunatha.K.N,

S/o. B. Narayanaswamy,

#145, Kaivara Post & Village,

Hosapete Road,

Chintamani Taluk-563128.                                        ….  COMPLAINANT.

(In Person)

 

- V/s -

1) Manager, Chintamani Branch,

India Infoline Finance Limited

1^st Floor, Lakshmivenkateshwara

Building Near Great India Electronics,

Gajanana Circle,

Chintamani-563125.

(Exparte)

 

2) India Infoline Finance Limited

(IIFL0, CIN No.U67120MH2004PLC147365

/RBI Regd No.B13, 01792, Regd Office &

Corporate office 12A-10, 13^th Floor,

Parinee Crescenzo, C-38 & 39,

G-Block, Bandra Kurla Complex,

Bandra (East), Mumbai-400051.

(Exparte)                                                                       …. OPPOSITE PARTIES.

-: ORDER:-

BY SRI. K.N. LAKSHMINARAYANA, PRESIDENT

01.   The complainant has filed this complaint against the OPs and prays for return-of neck chain embedded with stones worth of Rs.2,80,000/- and so also to pay a sum of Rs.60,000/- towards mental agony and Rs.15,000/- towards litigation expenses.

02.   The brief facts of the complainant’s case is that, on 29.01.2018 he has pleadged the said neck chain worth of Rs.2,80,000/- and borrowed loan of Rs.1,08,000/- having gold loan No. GL8818141 for agriculture purpose with OP.  The due date of the said loan was on 28.12.2018.  On 16.05.2018 a notice has been issued to him by reminding the loan amount as he has to pay the interest of the said loan amount within 10 days and so also reminded the same to him on 22.05.2018 and 23.05.2018 through mobile bearing No.9538858567 to pay the interest amount.  On 24.05.2018 he was out of station and he has sent a sum of Rs.7,817/- through online within 08 days and paid the interest amount.  On 10.06.2018 he enquired about pledged gold with Mr. Rajesh and Ambaresh of OP No.1 and they told that, the articles were auctioned and he enquired about full details, they scolded and abused in filthy language. Thereafter he issued legal notice dated: 06.12.2018 to that legal notice OPs have not replied.  On 30.10.2018 the OP has assured to give the details of auction sale and without giving any details they given one letter stating that, a sum of Rs.15,000/- is remaining.  The complainant has produced four documents with list and filed the present complaint against the Ops.

 

 

03.   OP Nos.1 & 2 did not appear before the forum in spite of receipt of notice and they are placed exparte.

 

 

04.   On 13.02.2019 the complainant filed affidavit evidence along with copy of the legal notice.

 

05.   Heard arguments of the complainant.

 

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

(1) Whether the complainant has proved

deficiency in service on the part of the Ops?

 

(2) Whether the complainant is entitle for the relief as prayed?

 

(3) What order?

 

07.   Our findings on the above stated points are:-

POINT (1):-      In the Affirmative

POINT (2):-      Partly in the Affirmative

POINT (3):-      As per the final order

for the following:-

REASONS

POINTS (1) & (2):-

08.   These points are taken up together for discussion to avoid repetition of facts and reasonings.  We have perused the complaint, affidavit evidence and the documents produced by the complainant.  OP No.1 is the branch office at Chintamani and OP No.2 is the Head Office at Mumbai.  On 29.01.2018 the complainant has pleadged neck chain embedded with ADDIGA STONES worth of Rs.2,80,000/- with OP No.1 and borrowed gold loan of Rs.1,08,000/- having gold Account No. GL-8818141.  The due date of the said loan is on 28.12.2018.  To support the case of the complainant he has produced receipt for pledging the said alleged golden article and borrowed loan of Rs.1,08,000/- along with gold deposit receipt and the said golden article is weighing 56 grams as per document No.1.  The complainant has also produced the notice of OP No.1 dated: 03.05.2018 marked as document No.2 and so also produced Bank account extract for deducting Rs.7,817/- in favour of NBFCIIFLMUMBAIMH dated: 24.05.2018 as document No.3. The complainant has also produced copy of legal notice issued to OP No.1.  The OP No.1 has also not returned the remaining auction amount of Rs.15,513/- and OP No.1 has also not replied the legal notice in spite of receipt of the same as per document No.4. 

 

09.   On perusal of the above said facts it reveals that, the OPs auctioned the alleged golden neck chain pleadged by the complainant before 10.06.2018 though the due date to clear the said loan was on 28.12.2018 without giving any prior notice for auctioning the pleadged article though the complainant has paid the interest amount on 24.05.2018 to the Head Office through online payment as per document No.3 and in spite of that, the OPs have taken the law in to their hands and auctioned the said golden article illegally and it amounts to unfair trade practice of OPs and so also deficiency of service. 

 

10.   As the OPs have illegally auctioned the pledged golden article without following procedure in accordance with law though the due date of the loan was on 28.12.2018.  The complainant prays to return of the said pleadged golden article as he will pay the entire amount.  But on perusal of the Bank account extract i.e., document No.3, the complainant is having only meager balance amount after deducting the interest amount and the question of paying the entire loan amount by the complainant and return-of the pleadged golden article does not arise.  The complainant has no sufficient amount in his bank account.  The alleged pleadged golden article was already auctioned illegally by the OPs and it cannot be returned.  The total weight of the pleadged golden article is 56 grams as per document No.1 at Page-2 i.e., the gold deposit receipt.  Hence the complainant is entitled for the value of pleadged golden article as per the market value of the gold as on the due date of the clearing of the alleged loan.  The approximate value of the gold is taken as Rs.3,000/- per gram and it comes to Rs.1,68,000/- out of that a sum of Rs.1,08,000/- is deducted as gold loan amount.  As the embedded stones are of ancient one and in all the complainant is entitle a sum of Rs.80,000/-.  The complainant is also entitle a sum of Rs.20,000/- towards harassment and mental agony and a sum of Rs.5,000/- towards litigation expenses.  Hence as discussed above, the complainant has proved the above said points and is entitled for the relief and both the parties are liable to pay the said amount jointly and severally accordingly we answer Point No.1 in the Affirmative and Point No.2 is in partly affirmative. 

 

POINT (3):-

11.   On perusal of the facts of the complainant case along with documents produced by him prima-facie discloses about unfair trade practice and deficiency of service on the part of the OPs and to render substantial justice to the consumer who has no legal knowledge and to avoid such unfair trade practice, it is just and necessary to grant relief to the complainant in the ends of justice and equity.  Hence in view of the above discussions on Point (1) to (3) we proceed to pass the following:-

ORDER

01.   The complaint filed by the complainant is hereby Allowed-in-part.

02.   The OPs are directed to pay a sum of Rs.80,000/- as the remaining amount of the alleged golden article to the complainant jointly and severally with interest at 9% per annum from the date of filing of the complaint till realization of the amount.

03.   The OPs are also directed to pay a sum of Rs.20,000/- towards harassment and mental agony and a sum of Rs.5,000/- towards litigation expenses to the complainant.

04.   The Ops are directed to comply the above order within 30 days from the date of receipt of this order.

 

 

05.   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 22^nd DAY OF FEBRUARY 2019)

 

 

 

   LADY MEMBER                            PRESIDENT