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.319/2012.
1) Prabir Kumar Roy,
Proprietor of M/s Gold Front Design Jewellery,
26/6, HindusthanPark, Gariahat Junction,
Kolkata-29, P.S. Gariahat. ---------- Complainant
---Versus---
1) Uttam Kumar Kolay,
Proprietor of M/s. Lakshmi Jewellers,
5/C, Fern Road, Beside of Ballygunge Jagabandhu
Institution, Kolkata-19, P.S. Gariahat. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Samiksha Bhattacharya, Member
Order No. 13 Dated 10-10-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that the mother of the complainant fell seriously ill in the year 2008. Complainant was dire need of money for her treatment. As such complainant was searching for a loan as he had no sufficient fund to render her treatment. O.p. is complainant’s old friend and o.p. became aware of complainant’s need as such he offered loan for the treatment of complainant’s mother. Complainant accepted of his offer and complainant proposed o.p. to advance loan. O.p. accepted complainant’s proposal to advance loan against security.
Complainant demanded loan of Rs.1,90,000/- and o.p. accepted complainant’s demand against security. Complainant had no other alternative but to deposit his wife’s gold ornaments wt.211.00 grams present market value of Rs.6,25,000/- as security of the loan. O.p. advanced loan of Rs.1,90,000/- and received above gold ornaments towards security. It was mutually settled between the complainant and o.p. that complainant had to pay interest till refund of the loan amount.
It was also settled between them and o.p. would return the security deposit 211.00 grams gold jewellary on payment of the principal amount of Rs.1,90,000/- including interest till the closure of the transaction.
On repeated occasions complainant approached the o.p. to accept the principal loan amount along with the settled interest and demanded refund of security deposit gold ornaments (wt.211.00 grams) but he did not respond. Complainant was always ready and willing to pay back advanced loan and settled interest, in fact complainant offered repeated times to pay back the loan amount and the settle interest.
The o.p. for the purpose of wrongful gain attempted to mis appropriate / grab complainant’s wife gold ornaments (wt.211.00 grams) refusing to accept the principal advanced loan money and settled interest and to return security gold jewellery (wt.211.00 grams). Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. had entered his appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service being service provider to his consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to return 211.00 grams gold ornaments in question belonging to the complainant deposited earlier by the complainant to the o.p. and is further directed to pay to the complainant a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only as compensation for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization and thereafter complainant will return Rs. 1,90,000/- with agreed interest within 30 days.
