ESHA SHARMA Vs. MUTHOOT FINANCE LIMITED

JUDGEMENT

(1.) These two appeals, one by the complainant Ms. Esha Sharma and another by the opposite party Muthoot Finance Limited, instituted under Section 15 of the Consumer Protection Act, 1986, are directed against the order dated 30.03.2013 passed by the District Forum, Dehradun in consumer complaint No. 274 of 2012.

(2.) Briefly stated the facts giving rise to the present appeals are that the complainant had taken loan of Rs. 9,300/- vide TPL-834 and another loan of Rs. 22,000/- vide TPL-843 from the opposite party Muthoot Finance Limited on 20.11.2009. It is alleged that the complainant had lost her bag, with the result that all the documents relating to the above loan accounts together with some important documents and some jewellery went missing. FIR of the incident was lodged by the complainant with the P.S. Rajpur, Dehradun on 07.08.2010. The complainant approached the financier on 30.08.2011 in relation to the jewellery kept with the financier, with an intent to get the jewellery released, by setting off the dues of the financier. The complainant was shocked to know that her jewellery has been auctioned by the financier without any notice. On 30.08.2011, the complainant moved an application with the financier, thereby demanding certain documents as well as the value at which the gold was auctioned, but no information was supplied to the complainant. The financier is in illegal possession of the complainant's jewellery. Therefore, the complainant filed a consumer complaint before the District Forum, Dehradun.

(3.) The opposite party filed written statement before the District Forum and pleaded that the complainant had availed two separate loans being loan account Nos. TPL-834 dated 20.11.2009 and TPL-843 dated 21.11.2009 from the company; that as per the terms of the said loans, the complainant had pledged gold ornaments in each of the two loans towards collateral security, thereby securing the repayment of the loan amount; that the complainant had committed default in repayment of the loan amount; that the company was compelled to issue two legal notices both dated 14.05.2011, calling upon the complainant to repay the outstanding dues; that it was specified in the notices that in case the complainant fails to make the payment of the outstanding dues on or before 04.06.2011, the pledged ornaments shall be put to auction on 05.06.2011; that the said notices were sent to the complainant by speed post mode; that despite the notices, the complainant failed to pay the outstanding dues and hence the company has auctioned the said ornaments; sum of Rs. 12,479/- was realized by auctioning the ornaments pledged in respect of loan account No. TPL-834 and a sum of Rs. 29,572/- was realized by auctioning the ornaments pledged in respect of loan account No. TPL-843; that even after adjusting the amount realized by auctioning the pledged ornaments, sum of Rs. 364/- is due against the complainant in loan account No. TPL-834; that there has not been any malafide on the part of the company and that there lies no deficiency in service or unfair trade practice on their part.