ORDER

SRI.H.R. SRINIVAS.  PRESIDENT

1. This is the Complaint filed by the Complainant U/S Section 35 of Consumer Protection Act 2019, against the opposite party(herein referred in short as op) alleging the deficiency in service and causing loss and delay and negligence towards the complainant in respect of the loan amount received by her sister by pledging the gold ornaments and for compensation of Rs.3,00,000/- and for other reliefs of the commission deems fit.

2. The brief facts of the complaint are that:- the complainant’s sister one Ramiya.A borrowed a loan of Rs.2,20,000/- by pleading her gold ornaments weighting 89 grams from OP on 27.011.2020. Due to COVID, the said Ramiya.A died on 07.05.2021 leaving behind the complainant and her brother one Sridhar. The loan remained unpaid since 30.04.2021.The complainant approached OP on 22.06.2021 informing the bank regarding the death of her sister and requesting OP not to release the pledged gold to any one and that herself and her brother would come back to the bank and pay the dues towards the loan and get the gold ornaments released jointly which Op accepted and gave 3 months time to the complainant to pay the said amount and also assured that they would block the loan account as the borrower is dead. When during the 1^st week of November 2021, she by arranging the amount went to OP for release of the gold pledged, she was informed that on 28.10.2021 itself, the said gold ornaments were auctioned in public and out of an amount Rs.2,23,727/- realized and has been adjusted to the loan account and the remaining Rs.77,302/- has been credited to the deceased bank account.   The same has been drawn by some persons by misusing the ATM card of the deceased. Inspite of requesting OP to block the loan account, OP did not do the same and even has not issued notices to the legal heirs of the deceased and by violating the terms and conditions and the RBI guidelines has sold the gold ornaments in public for a lessor amount and has caused loss of Rs.4,22,750/- as on that day, the value of the gold was very high.  Whereas the gold pledged was auctioned for a lessor value of Rs.2,94,000/- nearly half the value of the gold which is unfair trade practice, deficiency in service. She had to issue legal notice through her lawyer demanding for a compensation of Rs.3 lakhs which op did not pay the same and hence this complaint and prayed the commission to allow the complaint.

3. Upon the service of notice, OP did not appear before the commission and hence placed exparte.

4. In order to prove the case complainant filed affidavit evidence and produced documents, arguments heard. The following points arise for our consideration:-

1. Whether the complainant is a consumer under the Consumer Protection Act and the complaint is maintainable?

2. Whether the complainant has proved deficiency in service on the part of the opposite party?

3. Whether the complainant is entitled to the relief prayed for in the complainant?

5. Our answers to the above points are:-

POINT NO 1:- In the Negative

POINT NO.2 & 3:-Do not survive for

                         our consideration

                            For the following.

REASONS

POINT NO 1:-

6. On the perusal of the affidavit evidence and documents produced by the complainant, it becomes clear that complainant is not a person who has pledged the gold ornaments for her requirement and she is not a loanee who borrowed the amount from the bank.  She has not produced any documents to show that she is the legal heir of the deceased Ramiya.A who can claim for the gold pledged by her. She has stated that Ramiya.A was her sister and she died due to COVID and she has to lookafter the sons and daughters of Ramiya.A and the savings amount to be transferred to herself and her brother Sridhar equally as per ExP1. Ex P3 is the statement of account. Ex P4 is the legal notice issued to the bank by the complainant Ex P5 is the reply given by the bank stating that the loan account was irregular and classified as NPA on 03.09.2021 and one Sridhara said to be the brother of the deceased informed that he is not in position to repay the gold loan amount and gave his consent of his gold ornaments for recovery of the dues (consent letter not produced). Even the complainant it is stated, visited the bank to pay Rs.9,000/- towards the loan account with an intention that she would claim the gold ornaments. However upon the assertion by the bank that the gold amount would be released only to the legal heir decided after the claim settlement process, the complainant did not come and pay the amount towards the loan. Since the said loan became NPA and the borrower became defaulter, and though Sridhar was informed that he has to make a claim within the time prescribed, no such claim was preferred by the complainant or Sridhar and hence to rec over the amount, they had to auction the said gold ornaments to realize the loan amount due to the bank.

7. As stated above, complainant has not filed any documents to show that she is the sister of the deceased Ramya the borrower of the loan by pledging the gold ornaments and further no succession certificate, genealogy tree or authorization produced to show that she is entitle to receive the pledged gold ornaments. 

8. As per Section of 7 of Consumer Protection Act 2019 a consumer defined as:

(7) "consumer" means any person who—

(i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or

(ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.”

9. When the same is analysed, with the status and request of the complainant, she do not fit into the definition of the consumer. When such being the case, she is not a consumer and consumer Act cannot be made applicable to the complainant. In view of this, we answer POINT NO.1 IN THE NEGATIVE. In the result it is a futile exercise to discuss regarding whether there is deficiency  in service or not on the part of the OP and further whether there is unfair trade practice by the Ops and that the complainant is entitle for compensation claimed in the complaint.  The said points do not survive any more for our consideration, and hence we proceed to pass the following:-

ORDER

1. The Complaint is dismissed. No order as to cost
2. Send a copy of this order to both parties free of cost.                                    

Note: You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Forum on this day the 29^th day of AUGUST 2022)

       MEMBER                      PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the letter dt:22.06.2021.

Ex P2: Copy of the Bank state of late Ramiya.A.

Ex P3: Copy of the Gold Appraisers Certificate dt:27.11.2020.

Ex P4: Copy of the legal notice dt:18.03.2022.

Ex P5: Copy of the reply notice dt:21.03.2022.

Ex P6: Postal receipt.

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

RW-1: - Nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                          PRESIDENT

RAK