BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM ::
KADAPA Y.S.R DISTRICT
PRESENT SRI V.C. GUNNAIAH, B.Com., M.L., PRESIDENT
SMT. K. SIREESHA, B.L., LADY MEMBER
SRI M.V.R. SHARMA, B.A. MEMBER
Thursday, 8th September 2016
CONSUMER COMPLAINT No. 41 / 2016
Khader Sirajuddin, S/o Khader Basha,
aged about 60 years, Agriculturist,
R/a D.No. 5/199-2, Law College Street,
R.V. Nagar, Kadapa city, Kadapa District. ….. Complainant.
Vs.
The Manager, UCO Bank (Fsc UC BA0001956),
D.No. 1/331, RTC Bus Stand, Kadap city,
Kadapa – 516 001 ………Opposite party.
This complaint is coming before us for final hearing on 24-8-2016 and perusing complaint and other material papers on record and on hearing the arguments of Sri S. Ajaz Ahmmed, Advocate for complainant and Sri G. Venkatewara Reddy, Advocate for Opposite party, the matter is having stood over for consideration this day, the Forum made the following:-
O R D E R
(Per Sri M.V.R. Sharma, Member),
1. This Complaint is filed under section 12 of the Consumer Protection Act 1986 requesting this forum to direct the Opposite party:-
(a) To pay an amount of Rs. 2,46,000/- towards compensation for negligence and fraudness.,
(b) To pay decree costs and grant such other reliefs.
2. The case of the Complainant is that he was borrowed an amount of Rs. 3,00,000/- under agriculture gold loan bearing No. (AGL No. 066) by mortgaging gold ornaments weight of 159 grams from opposite party (for short herein called as O.P) on 10-1-2013.
3. The Complainant also stated that on 19-5-2015 he received a legal notice regarding payment of the loan amount. After receiving the said notice he paid an amount of Rs. 10,000/- on 10-9-2015 and Rs. 40,000/- on 17-9-2015 towards loan amount and requested the O.P he will pay the entire loan amount and get to release the gold ornaments and also stated that the Complainant issued a legal notice to the O.P. on 30-11-2015 and same was received by O.P. the O.P. replied said notice on 3-12-2015 stating that on 5-9-2015 issued a reminder notice and draft notice to clear the debt or otherwise, the said ornaments will be auctioned as per procedure of the bank. The Complainant further stated that the O.P. issued publication on 19-11-2015 in Telugu Sakshi Daily News paper about the auction because he has not made any attempt to discharge loan amount. Thus the O.P. auctioned the above said ornaments sold in public auction for Rs. 3,33,000/- and sum of Rs. 15,087/- credited in to his account and also stated he requested to O.P. for supply of the copy of reminder notice and draft notice issued on 5-9-2016 to pursue the matter. But the O.P. neither gives reply nor sends any above said copies to pursue this matter. Hence, this complaint filed.
4. The Opposite party filed counter and stated that the Complainant approached for short term loan (crop loan agriculture) under gold loan scheme. The object of the gold loan scheme of the bank is to provide demand loan to the borrowers against pledge of their gold ornaments. Repayment of the loan a bullet repayment of principal and interest which will be linked to the harvest season or for a maximum of tenure of one year and interest to be charged on half yearly. After satisfaction of gold weight and quality and documentation sanctioned loan a sum of Rs. 3,00,000/- on 10-1-2013 and the same was debited to his loan account No. 19560610014851, though the Complainant has not chosen to repay the said amounts.
5. The O.P. further stated that for repayment of the said loan issued reminder on 5-9-2015 and also issued publication in Telugu Sakshi Daily news paper on 9-11-2015. Thus there is no option to this O.P to recover the said loan amount. According to schedule mentioned in publication and auctioned the said gold ornaments for a sum of Rs. 3,33,000/- and adjusted a sum of Rs. 3,17,943/- for outstanding of the debt and remaining amount of Rs. 15,087/- credited in account of the Complainant. Thereafter again the Complainant issued another legal notice on 31-12-2015 with false and untenable allegations and that no reply was issued by this O.P. Hence, this petition is liable to be dismissed in the interest of justice.
6. To prove his case the complainant filed an affidavit along with documents and got marked Exs. A1 to A7 and on behalf of opposite parties Exs B1 to B5 documents are marked. No oral evidence has been let in by the parties.
7. On the basis of the above pleadings the following points are settled for determination.
i. Whether there is negligence or deficiency of service on the part of opposite party?
ii. Whether the complainant is eligible for compensation as prayed by him?
- To what relief?
8. Point Nos. 1 & 2. As seen from Ex. B1 it is an admitted fact that the Complainant was borrowed an amount of Rs. 3,00,000/- under agriculture gold loan (AGL. No. 066) by mortgaging his gold ornaments weight of 159 gms on 10-1-2013 and the same was debited to Complainant account bearing No. 19560610014851 by O.P. As seen from Ex.B2, it reveals that the master circular issued by O.P that the gold loan scheme i.e. repayment of loan a bullet repayment of principle and interest which will be linked to the harvest season or for a maximum period of one year and interest to be changed on half yearly rests. Ex. A6 filed by the Complainant also disclosing the same that loan has to be repaid in 12 months. The Ex. B1 also disclosing that after disbursement of loan the Complainant has not made any repayment regarding the loan from 10-1-2013 to till 21-5-2015.
9. As seen from Ex. B3 i.e. draft notice issued by the O.P. stating that in spite of repeated demands, the Complainant failed to pay dues and demanded the Complainant for payment of the said sum of Rs. 3,58,442/- as on 31-8-2015 together with interest thereon at the aforesaid rate within 15 days from the date of notice. If, failing which the articles you had pledged with us to secure the repayment of the money learnt and advanced to you together with interest, they shall be sold entirely at your risk and responsibility by public auction on 28-9-2015 at UCO bank, Kadapa branch. After receiving the above said letter the Complainant paid Rs. 10,000/- on 10-9-2015, Rs. 40,000/- on 17-9-2015 under Ex. B1 and requested the Manger of O.P. bank he will pay the entire loan amount as soon and they get the gold ornaments to release from mortgage. still, he had not approached the O.P as requested by him and has not made any payment. After, 15-9-2015 to release the said ornaments as per rules and regulations of O.P. the responsibility of repayment burden lies on the Complainant, because he had pledged his gold ornaments.
10. The Complainant failed to pay the above said dues. Hence, the O.P. issued paper publication in Sakshi Daily News paper, dt. 9-11-2015 as per Ex. B1 to recover the due amount from Complainant. Even after the publication the Complainant not paid the dues and not approached the O.P. as requested by him. Hence, the O.P. auctioned the gold ornaments for a sum of Rs. 3,33,000/- and adjusted a sum of Rs. 3,17,943/- towards outstanding of debt of the bank and remaining balance amount was credited a sum of Rs. 15,087/- in the account of the Complainant.
11. As per above discussion, we hold that the O.P. adduced substantial evidence to prove that there is no deficiency of service on the part of him. Accordingly, the points 1 & 2 are answered against the Complainant.
12. Point No. 3 In the result, the complaint is dismissed without costs.
Typed to my dictation, corrected and pronounced by us in the open Forum, this the 8th September 2016
MEMBER MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witnesses examined.
For Complainant NIL For Opposite parties : NIL
Exhibits marked on behalf of the Complainant :-
Ex. A1 Copy of legal notice dt. 30-11-2015.
Ex. A2 Reply notice of Opposite party dt. 3-12-2015.
Ex. A3 Copy of reply notice of the Opposite party dt. 31-12-2015.
Ex. A4 acknowledgement dt. 2-12-2105.
Ex. A5 Postal receipt bunch two in numbers dt. 1-12-2015.
Ex. A6 Original UCO bank identity card, dt. 10-1-2013.
Ex. A7 Return cover dt. 5-12-2105.
Exhibits marked on behalf of the Respondents : -
Ex. B1 P/c of transaction enquiry.
Ex. B2 Master Circular on UCO gold loan scheme.
Ex. B3 Draft notice to be addressed to the borrower, dt. 5-9-2015.
Ex. B4 Gold loan notice.
Ex. B5 Two acknowledgements.
MEMBER MEMBER PRESIDENT
Copy to :-
- Sri S. Ajaz Ahmmed, Advocate for Complainant
- Sri G. Venkateswara Reddy, Advocate for Opposite party.
B.V.P.
