MANAGER BAITARANI GRAMYA BANK Vs. JAYKRUSHNA SWAIN

JUDGEMENT

(1.) Opposite Party Bank is the appellant against direction of the District Forum to release the gold ornaments pledged for taking loan from the bank.

(2.) Complainant filed a complaint stating that he incurred loan from Baitrani Gramya Bank at Dukura Branch furnishing gold ornaments belonging to his wife as security. When he came to learn that the gold ornaments pledged are going to be put to auction he deposited Rs.5200/- on 24.9.1991 as part payment of the loan taking time for one week for re-payment of the balance. Opposite Party disclosed that even if entire amount is paid, the ornaments cannot be released. Complainant gave lawyers notice by registered post for release of the ornaments on payment of the balance amount with interest. Opposite Party, through lawyers replied that the ornaments would not be released unless loan incurred by Opposite Party from Kuamara and Manatri Branches of the bank are repaid. It is stated that complainant having disputed the outstanding dues in Kuamara and Manatri Branch, money suit has been filed by the Bank for realisation of the amount claimed to be due. Refusal to release the gold ornaments even after offer to pay back dues in that respect is a deficiency in Banking Service. Since complainant has suffered on account of deprivation of enjoyment of his property, he prayed to direct the opposite party to release the gold ornaments and for compensation of Rs.500/-formental agony and harassment.

(3.) Opposite Party has stated his case that there was no discussion with complainant relating to accommodation for a week to pay the balance amount. Pendency of suit for out-standing loan at Kuamara Branch is also disputed. He stated that complainant had incurred two gold loans on 27.4.1983 and 13.7.1983 by pledging gold ornaments as security. When he did not repay the loan inspite of repeated demands, notice was published in news papers that the gold would be put to auction. Then only complainant paid partly on 24.9.1991. Head Office of the Bank intimated Opposite Party that the complainant has incurred a crop loan and vegetable loan from Manitri Branch and also incurred loan from Kuamara Branch which are also out-standing against him since 1983. Head Office directed not to release the loan of the complainant unless he produced no objection certificate from Manitri Branch and Kuamara Branch and from the Head Office. This was intimated to the complainant. It is stated that complainant is a habitual debtor from different financing institutions. Complainant has obtained debt relief to the tune of Rs.1