J U D G M E N T
Sri K. K. Nayak, Member - The complainant's case in brief is that the complainant had availed gold loans from the OP in different five numbers of loan accounts Rs.1,60,600/- vide MSL 4820, Rs.65000/- vide MSL 4805, Rs.2,71,000/- vide MSL 4806 and Rs.2,00,000/- vide MSL 4803 and MSL 4804 approximately all on dated 07/7/2014. But due to his treatment at Cuttack and Bhubaneswar for a long time for diabetes and kidney problem and for the last 6 months he was outside his native place and all the documents relating to loans was missed at Bhubanswar, for which he could not able to concentrate to settle the loans. Due to heavy expense in his treatment he could not arrange money to settle the loans in time. The complainant had gone to the office of the OP with some amount of the installment money but the OP did not receive those amount and threatened the complainant for auction of the gold ornaments at Cuttack office on 28/3/2016 and due to mallafied intention and to harash the complainant with-out any just and reasonable grounds causes deficiency in service by not receiving the installments of loan amounts and wrongfully assessed the interest and the act of the OP clearly shows his unfair trade practice for which the complainant has filed this case under section 12 of C.P Act against the OP in this Forum on 26/3/2016 along with documents as per list with a prayer to award a sum of Rs.50,000/- for harassment and Rs.5,000/- as litigation expenses against the OP to the complainant and to allow sufficient and adequate time to the complainant for payment of loan amount and any other relief.
The complaint was admitted and notice issued to the OP for his appearance and to file version on 26/4/2016 which was duly received by the OP but he did not appear on the date fixed, as such he is set ex-parte and on 10.5.2016 the OP filed a power in favour of Sunil Mahapatra, Advocate who files a petition to set-aside the ex-parte order passed by this Forum on 26/4/2016. As this Forum has no power to set-aside the ex-parte order dated 266//4/2016, hence the petition has been rejected.
The complainant submitted the evidence on affidavit along with xerox copy of documents as per list on 18/5/2016.
perused the documents filed by the complainant and found that five numbers of prescriptions which have been filed by him , therein neither the name of the patient and his age has been mentioned nor physician has signed in the prescriptions which creates doubts whether the complainant had undergone any medical treatment or not . But the complainant has filed a prescription of Dr. Agarwala's eye hospital that he has consulted the concerned doctor on 25/3/2016 and the complainant has filed a report of Cure well Laboratory, Cuttack dated 01/2/2016.
After perusal of the evidence on affidavit filed by the complainant it is found that the complainant has admitted that the OP has sent pleader notice to him for auctioning his pledged golden ornaments. The complainant has received all the pleader notices of five loan accounts, but he has only filed notices of three accounts of even date. Therein, it has been mentioned that failing to deposit the balance loan amount along with up-to-date interest, the gold ornament of all five loan accounts shall be auctioned on 19/3/2016 and if auction is not completed satisfactorily then fresh auction shall be made on 28/3/2016. The complainant had availed the gold loan on 07/7/2014 in five accounts with a condition to repay the principal along with interest within one year. The OP has given ample opportunity to the complainant before issue of pleader notice 22/2/2016 but the complainant did not succeed to repay the loan during the stipulated period. Lastly when the complainant violated the terms and conditions of the loan availed by him, the OP had no option to auction the same after giving notice to the complainant.
The Ld. Advocate for the complainant submits that the gold ornaments of above said five loan accounts has not been auctioned . But he failed to file any documents in support of his submission. Therefore lit lcan not be accepted that the gold ornaments are not auctioned on the date fixed. Hence we order ;
ORDER
The complaint is dismissed on ex-parte without cost.
The final order is prepared by us, corrected,
signed, sealed and pronounced in the open
Forum on this 31st May, 2016
