Mrs.Mamata Rout, aged about 31years,
W/o: Sri Arun Kumar Rout,
“Pragati Vihar”,By-Pass, Bhadrak
At/PO/Dist:Bhadrak
Odisha
……………..Complainant
(Versus)
The Manager,
Muthut Finance Ltd.,
By-Pass,
Bhadrak
………………..Opp.Party
Order No.10 dt.20.05.2015:
Briefly stated, the case of the Complainant is that to overcome her financial crisis, the Complainant had availed a loan of Rs.25,000/- on 26.07.2013 by Mortgaging 21.200 gm Gold Necklace under the Scheme Gold Loan floated by O.P. On 25th February,2014 the Complainant repaid her loan dues to get back necklace from O.P.. But on return, the Complainant found that the Gold Necklace weighs 20.500 gm against that of 21.200 gm. Further, the Complainant noticed that some “Jharas” in the necklace are missing. Thereafter, the Complainant lodged complaint before the O.P. and told him to go to Town PS in order to lodge FIR against above. The O.P. called the Complainant to his Chamber and requested not to lodge FIR as it was a matter of prestige for their organization. Against that, the O.P. promised to give compensation and handed over a slip with his own handwritten statement mentioning the weight of returned gold ornament with loss of gold. After that, the Complainant again & again visited the Office of O.P. to get the compensation as assured by but they lingered the case taking some plea or other that the Manager is on leave who can take right decision. In this way the O.P. took 2 months. When the Manager came and joined the office, the Complainant got a reply from him that he is not the same Manager who was in-charge of Office on the day of availing gold loan and told that the Regional Office, Bhubaneswar has been informed and you would get SMS soon from Muthut Finance. Subsequently, the O.P. told that the person who had done that job in the meanwhile left the office. They will recover the amount from him and return back. Later, the O.P. misbehaved the Complainant saying that “by mistake the weight was written as 21.200 gm and you have to admit with it, otherwise you produce the cash memo of the necklace with proof(photo) that the same cash memo was against the necklace which was mortgaged before them”. When the Complainant unable to produce the cash memo of the necklace which was given as gift by the father-in-law on 03.07.1991, the O.P. told to lodge FIR in PS stating that cash memo of the necklace is missing. In the meanwhile so many days passed and no SMS received by the Complainant. Subsequently, the Complainant received one SMS from Muthut Finance from AD-Muthut such as:
“Muthut Finance Mega Loan Mela- highest rate per gm. 2% interest. Discount 50-100%.PF cash back. Walk into nearest branch. Limited period offer. T&C apply;
Sender: AD-MUTHUT, Message Centre +919840000246
21-Jan.-2015, 03:56:12 PM.
According to Complainant for such activities of the O.P, she was harassed, humiliated, insulted as well as treated by the O.P as if she is a fraud not only claiming for money but also trying to add a bad name to the reputation of the organization. So alleging
deficiency in service and negligence in duty by the O.P. the Complainant filed this case on 24.02.2015 praying for a direction to O.P.to return the shortage gold or its cost with interest @ 12% per annum w.e.f 25.02.2014 besides compensation of Rs.1,00,000/- along with litigation cost.
O.P. filed his written version admitting the shortage of gold to the tune of 700 mili grams and ready to compensate the cost of the market value of the gold to the Complainant. The new Manager has joined the Branch and the Complainant has never visited nor claimed before the present Manager regarding the shortage of gold. As regards averments made in para-9 of the complaint that the SMS are a regular process of the O.P. to its valued customers about the gold loan time to time. The present circumstances occurred due to appointment of two new Managers during this period. The O.P. knowingly did not make any deficiency in service towards the Complainant and what has been happened due to the successive appointment of new Branch Managers in that period. Hence, prayed to allow the O.P. to deposit the cost of the shortage of gold corresponding to 700 mili grams before the Forum in favour of the Complainant.
We have heard the authorized agent of the Complainant and the Ld.Counsel appearing for the O.P. Perused the documents available in record. On perusal of Appraisal Certificate dt.26.07.2013 of O.P. it is found that the Complainant mortgaging 21.2 mg gold necklace had availed advance of Rs.25,000/- from the O.P. vide Gold Loan No.MXL-8375. It is further revealed from the said appraisal certificate that the Complainant has received the necklace by putting her signature under the endorsement made by one Nirakar Rout, DM-16702 which reads as follows;
“Received the necklace (vide MXL-8375) Gross weight as per pledge 21.2 g. Actual weigh at the time of closure is 20.5. Hence, there is an underweight of 0.7.
The O.P. neither disputes the endorsement nor the shortage of 700 milligram gold. It is the settled principle of law that admitted fact need not be proved. Further, when the O.P. is ready and willing to pay the cost the shortage gold weighing 700 milligram we have nothing to say on it. Thus, the Complainant has been able to prove her case that the O.P. has committed deficiency in service and negligence in duty.
As regards compensation claimed by the Complainant, It may be stated here that the Complainant has claimed compensation of Rs.1,00,000/- from the O.P. towards mental agony and physical sufferings. It has been held by the Hon’ble Supreme Court in the case of Charan Singh vs. Healing Touch Hospital & Ors. That;
“ while quantifying damages, consumer forums are required to make an attempt to serve ends of justice so that compensation is awarded, in an established case, which not only serves the purpose of recompensing the individual, but which also at the same time, aims to bring about a qualitative change in the attitude of the service provider. Indeed, calculation of damages depends on the facts and circumstances of each case. No hard and fast rule can be laid down for universal application. While awarding compensation, a Consumer Forum has to take into account all relevant factors and assess compensation on the basis of accepted legal principles, on moderation. It is for the Consumer Forum to grant compensation to the extent it finds it reasonable, fair and proper in the facts and circumstances of a given case according to established judicial standards where the claimant is able to establish his charge. It is not merely the alleged harm or mental pain, agony or physical discomfort, loss of salary and emoluments etc. suffered by the appellant which is in issue. It is also the quality of conduct committed by the respondents upon which attention is required to be founded in a case of proven negligence”.
It is no doubt true that shortage of pledged gold must have put the Complainant in mental tension and with much difficulty she could have obtained the endorsement to the effect of shortage of gold by the O.P. Even though the shortage of gold is very negligible but such type of fault is not expected from a reputed company like O.P. Admittedly, the Complainant has not filed any medical report to prove her case how her B.P. changed and she became a low B.P. patient and being treated for the same due to shortage of 700 milligram gold. However, in the light of the aforesaid decision of the Hon’ble Supreme Court, it would meet the ends of justice if the O.P. be directed to pay a compensation of Rs.15,000/- to the Complainant for such deficiency in service and negligence in duty. Accordingly, it is ordered:
O R D E R
In the result, complaint is allowed on contest against the O.P. The O.P. is directed to pay Rs.2,000/- towards the cost of shortage gold and compensation of Rs.15,000/- to the Complainant besides litigation cost of Rs.2,000/- within a period of 30 days of receipt of this order, failing which interest @ 9% per annum shall be payable by the O.P. from the date of disposal till its realization .
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