IN THE COURT OF THE DISTICT CONSUMER FORUM : : ONGOLE

C.C. No

of 2014

Between:
Nadrireddy Murali,
S/o Rami reddy,
R/o Devarajugattu Village,
Peddaraveedu Mandal,
Prakasam District

.Complainant
And

Shriram City Union Finance Ltd.,

D No. 7-283, Beside Syndicate Bank,
Golla Surendranath Buildings,
Markapur-523316,
Prakasam District

.Opposite party

COMPLAINT FILED UNDER SECTION 12 OF THE CONSUMER

PROTECTION ACT 1986
It

is

humbly

submitted

that

the

complainant

is

residing

at

Devarajugattu Village, Peddaraveedu Mandal, Prakasam District, and he has

been doing business. The complainant approached the opposite party for
gold loan by pledged gold armaments. After verification the opposite party
accepted to give gold loan by pledged ornaments of the complainant. The
complainant got gold loan amount of Rs 1,87,387/- from the opposite party
gold loan Ac No MRKPRPJ1301300012 dt:- 29-07-2013, the complainant got
another gold loan amount of Rs 96,604/- from the opposite party gold loan
Ac No MRKPRPJ1301300013 dt:- 29-07-2013 from the opposite party by
pledged gold ornaments. These memorandum are filed herewith filed as
document No.1 As per gold loan terms and conditions of the opposite party,
the complainant shall pay gold loan amount along with interest within one
year from the date of obtaining gold loan amount or the complainant pay the
only interest every month on gold loan amounts. But the opposite party
failed to follow the terms and conditions of the gold loan. The complainant
approached the opposite party and paid part payment of gold loan amount of
Rs 55,000/- (Rupees Fifty Thousand only) dt:- 18-02-2014. The said bill is
herewith filed as document No.2.
It is humbly submitted that after paying part payment of the gold loan
amount dt:- 18-02-2013, the opposite party gave auction notice to the
complainant
amounts

by mentioning that complainant availed gold loan

by pledging with us the gold ornaments promising to

redeem it by paying the principal and interest within due date,

however the complainant failed to redeem the same till date, that
the opposite party gave final auction notice for payment of due
amount, that however the complainant did not responded to
opposite party notice, accordingly it is decided to auction the
pledged gold ornaments for realizing the due amount under the
complainant loan account, Please take notice that the pledged gold

ornaments will be sold under due process of law and sale proceeds
of the same shall be adjusted to your loan account including the
expenses

incurred

towards

issue

of

registered

publication charges and other legal proceedings

notice,

paper

these are all false

allegations made by the opposite party for the purpose of pledged gold
ornaments will be sold wrong full gain. The said auction notices are filed
here with document No.3.
It is humbly submitted that even the complainant paid of Rs 55,000/to gold loan account, the opposite party did not adjust to loan amount. the
opposite did not got issued any notice prior to sent the auction notice. The
complainant went to the opposite party and approached the manager on 1802-2014 for paying the interest on the above said gold loan amount and the
complainant paid of Rs 55,000/-. The complainant intimated to the manager
of the opposite party regarding to the part payment of loan amount. But the
opposite party did not inform to the complainant about the issuing of notice
for conducting auction and the opposite party has not yet demand the
complainant to pay the amount so far. The opposite party did not send any
demand notice regarding to the gold loan amount, prior to this gold auction
notice. But surprisingly

the complainant received the above said auction

notice dt 19-02-2014 i.e, on the next day after he paid of Rs 55,000/- in the
opposite party office, on 18-02-2014, informing to the complainant that the
opposite party is going to decided to auction of the gold ornaments of the
complainant, it is quite illegal. The complainant hails from reputed family,
due to issuing notice by opposite party, it is an attack on his reputation and
fallen to ground and he got mental agony.
It is humbly submitted that the opposite party gives minimum
opportunity to the complainant for paying the gold loan amount. There is no
any demand notice regarding to the gold loan amount prior to give action
notice. Even the opposite party did not give minimum opportunity to the
complainant, the complainant paid part payment regarding to the gold loan
amount. The complainant never defaulted to pay the gold loan amount. Even
the complainant never defaulted to pay the gold loan amount; the opposite
party got issued action notice for sale proceedings of the gold ornaments.
It is humbly submitted that the complainant got issued reply notice to
the opposite party to stop the auction proceedings dt 25-02-2014. The said
reply notice is herewith filed as document No 4. The opposite party having
received the said reply notice, the opposite party did not respond and not to
stop the illegal auction proceedings. More over the opposite party did not
accept to pay the gold loan amount by the complainant, when the opposite
party got issued reply notice to the opposite party. The complainant is ready
to pay the gold amount but the opposite party did not accept to pay the gold
loan amount by the complainant.
It is further submitted that it is the burden duty of the opposite party
to protect and do better services to its customer and also render fair

services in a proper way to the customers, when the customers obtained

gold loan.
It is humbly submitted that there is deficiency of service on the part of the
opposite party did not stop the illegal gold auction sale proceedings, and to accept
to pay the gold loan amount by the complainant.

The complaint is entitled for

compensation from the opposite parties.

There is consumer relationship between the complainant and the opposite
party. There is also deficiency of service on the part of the opposite party.

The

transaction has taken place at Markapur within the jurisdiction of this Honble
Forum.
As there is no other goes to resolve his grievances, the complainant
approached this Honble Forum for Justice.
Hence, this complaint.
PRAYER:

The complainant therefore prays the Honorable Forum to consider the

above facts and allow the complaint and
1) To direct the opposite party to stop the action
proceedings of sale and to receive the balance of gold
loan amount.
2)

Also

direct

the

opposite

parties

to

pay

the

compensation of Rs50, 000/- along with interest of

9% towards mental agony.
3)

and award

Rs.5,000 /- towards costs of the

petition and pass such other appropriate orders in

the

interest of justice.
Be pleased to consider.

Advocate for the Complainant

COMPLAINANT

The facts stated above are true to the best of my knowledge,

information and belief.
Ongole
Date :-

COMPLAINANT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT

1. 29-07-2013:- The Jewel Pawn Ticket/Memorandum of Securities(Customer
Copy)
2. 18-02-2014:- Receipt of Rs 55,000/3. 18-02-2014:- Auction notices.
4. 25-02-2014:- Reply Notice issued by the complainant to the opposite party.
5. 27-02-2014:- Acknowledgement
Advocate for the complainant.

IN THE COURT OF THE DISTICT CONSUMER FORUM : : ONGOLE

C.C. No
Between:

of 2014

Nadrireddy Murali,
S/o Rami reddy,
R/o Devarajugattu Village,
Peddaraveedu Mandal,
Prakasam District

.Complainant
And

Shriram City Union Finance Ltd.,

D No. 7-283, Beside Syndicate Bank,
Golla Surendranath Buildings,
Markapur-523316,
Prakasam District

.Opposite party

AFFIDAVIT FILED UNDER SECTION 139 OF C.P.C

I, Nadrireddy Murali S/o Rami Reddy, aged about 45years, Hindu,
Resident of Deverajugattu Village, Peddaraveedu Mandal, Prakasam District.,
do here by solemnly affirmed state on oath as follows:I am the deponent herein and complainant in the above case. I know
the above all facts. So I am giving this affidavit.
It is humbly submitted that I have approached the opposite party for
gold loan by pledged my gold armaments. After verification the opposite
party accepted to give gold loan by pledged my gold ornaments. I got gold
loan amount of Rs 1,87,387/- from the opposite party gold loan Ac No
MRKPRPJ1301300012 dt:- 29-07-2013, I obtained another gold

loan

amount of Rs 96,604/- from the opposite party gold loan Ac No

MRKPRPJ1301300013 dt:- 29-07-2013 from the opposite party by pledged
gold ornaments. The opposite party failed to follow the terms and conditions
of the gold loan. I approached the opposite party and paid part payment of
gold loan amount of Rs 55,000/- (Rupees Fifty Thousand only) dt:- 18-022014.
It is humbly submitted that after paying part payment of the gold loan
amount dt:- 18-02-2013, the opposite party gave auction notice to me by
mentioning that I availed gold loan amounts by pledging with us the
gold ornaments promising to redeem it by paying the principal and
interest within due date, however I failed to redeem the same till
date, that the opposite party gave final auction notice for payment of
due amount, that however I did not responded to opposite party
notice, accordingly it is decided to auction the pledged gold
ornaments for realizing the due amount under my loan account,
Please take notice that the pledged gold ornaments will be sold
under due process of law and sale proceeds of the same shall be
adjusted to your loan account including the expenses incurred
towards issue of registered notice, paper publication charges and
other legal proceedings

these are all false allegations made by the

opposite party for the purpose of pledged gold ornaments will be sold wrong
full gain. The said auction notices are filed here with document No.3.

It is humbly submitted that even I paid of Rs 55,000/- to gold loan

account, the opposite party did not adjust to gold loan amount. The opposite
did not issued any notice prior to sent the auction notice. The complainant
went to the opposite party and approached the manager on 18-02-2014 for
paying the interest on the above said gold loan amount and I paid of Rs
55,000/-. I intimated to the manager of the opposite party regarding to the
part payment of gold loan amount. But the opposite party did not inform to
me about the issuing of notice for conducting auction and the opposite party
has not yet demand to me to pay the amount so far. The opposite party did
not send any demand notice regarding to the gold loan amount, prior to this
gold auction notice. But surprisingly I received the above said auction notice
dt 19-02-2014 i.e, on the next day after I paid of Rs 55,000/- in the
opposite party office, on 18-02-2014, informing to me that the opposite
party is going to decided to auction of the gold ornaments of me, it is quite
illegal. I hails from reputed family, due to issuing notice by opposite party, it
is an attack on his reputation and fallen to ground and he got mental agony.
It is humbly submitted that the opposite party gives minimum
opportunity to me for paying the gold loan amount. There is no any demand
notice regarding to the gold loan amount prior to give action notice. Even
the opposite party did not give minimum opportunity to me and the opposite
party did not intimate to me regarding to gold loan amount, I paid part
payment regarding to the gold loan amount. I never defaulted to pay the
gold loan amount. Even I never defaulted to pay the gold loan amount; the
opposite party got issued action notice for sale proceedings of the gold
ornaments.
It is humbly submitted that I got issued reply notice to the opposite
party to stop the auction proceedings dt 25-02-2014. The opposite party
having received the said reply notice, the opposite party did not respond and
not to stop the illegal auction proceedings. More over the opposite party did
not accept to pay the gold loan amount by me, when I got issued reply
notice to the opposite party.

I ready to pay the gold amount but the

opposite party did not accept to pay the gold loan amount by me.
It is further submitted that it is the burden duty of the opposite party
to protect and do better services to its customer and also render fair
services in a proper way to the customers, when the customers obtained
gold loan by pledged gold ornaments.
It is humbly submitted that there is deficiency of service on the part of the
opposite party did not stop the illegal gold auction sale proceedings, and to accept
to pay the gold loan amount by me.

I am entitled for compensation from the

opposite parties.
There is consumer relationship between the opposite party and me. There is
also deficiency of service on the part of the opposite party. The transaction has
taken place at Markapur within the jurisdiction of this Honble Forum.

As there is no other goes to resolve his grievances, the complainant

approached this Honble Forum for Justice.

Hence I prays the Honble Forum to direct the opposite party to stop
gold auction proceedings and to receive the balance of gold loan amount and
also to pay the compensation of Rs 80,000/- along with interest of 9%
towards mental agony caused to me, and also direct the opposite party to
pay costs of Rs 5,000 /- to me and pass such other appropriate orders as
the Honble from deems fit and proper in the circumstances of the case in
the interest of the justice.
Be pleased to consider.

Deponent
Solemnly affirmed signed before
me on this day of 2014.
Advocate, Ongole

IN THE COURT OF THE DISTICT CONSUMER FORUM : : ONGOLE

C.C No
Between:
Nadrireddy Murali,
S/o Rami reddy,
R/o Devarajugattu Village,
Peddaraveedu Mandal,
Prakasam District

of 2014

.Complainant

And
Shriram City Union Finance Ltd.,
D No. 7-283, Beside Syndicate Bank,
Golla Surendranath Buildings,
Markapur-523316,
Prakasam District

.Opposite party

AFFIDAVIT FILED UNDER SECTION 139 OF C.P.C

I, Nadrireddy Murali S/o Rami Reddy, aged about 45years, Hindu,
Resident of Deverajugattu Village, Peddaraveedu Mandal, Prakasam District.,
do here by solemnly affirmed state on oath as follows:I am the deponent herein and complainant in the above case. I know
the above all facts. So I am giving this affidavit.
It is humbly submitted that I have approached the opposite party for
gold loan by pledged my gold armaments. After verification the opposite
party accepted to give gold loan by pledged my gold ornaments. I got gold
loan amount of Rs 1,87,387/- from the opposite party gold loan Ac No
MRKPRPJ1301300012 dt:- 29-07-2013, I obtained another gold

loan

amount of Rs 96,604/- from the opposite party gold loan Ac No

MRKPRPJ1301300013 dt:- 29-07-2013 from the opposite party by pledged
gold ornaments. The opposite party failed to follow the terms and conditions
of the gold loan. I approached the opposite party and paid part payment of
gold loan amount of Rs 55,000/- (Rupees Fifty Thousand only) dt:- 18-022014.
It is humbly submitted that after paying part payment of the gold loan
amount dt:- 18-02-2013, the opposite party gave auction notice to me by
mentioning that I availed gold loan amounts by pledging with us the
gold ornaments promising to redeem it by paying the principal and
interest within due date, however I failed to redeem the same till
date, that the opposite party gave final auction notice for payment of
due amount, that however I did not responded to opposite party
notice, accordingly it is decided to auction the pledged gold
ornaments for realizing the due amount under my loan account,
Please take notice that the pledged gold ornaments will be sold

under due process of law and sale proceeds of the same shall be
adjusted to your loan account including the expenses incurred
towards issue of registered notice, paper publication charges and
other legal proceedings

these are all false allegations made by the

opposite party for the purpose of pledged gold ornaments will be sold wrong
full gain.
It is humbly submitted that even I paid of Rs 55,000/- to gold loan
account, the opposite party did not adjust to gold loan amount. The opposite
did not issued any notice prior to send the auction notice. The complainant

went to the opposite party and approached the manager on 18-02-2014 for
paying the interest on the above said gold loan amount and I paid of Rs
55,000/-. I intimated to the manager of the opposite party regarding to the
part payment of gold loan amount. But the opposite party did not inform to
me about the issuing of notice for conducting auction and the opposite party
has not yet demand to me to pay the amount so far. The opposite party did
not send any demand notice regarding to the gold loan amount, prior to this
gold auction notice. But surprisingly I received the above said auction notice
dt 19-02-2014 i.e, on the next day after I paid of Rs 55,000/- in the
opposite party office, on 18-02-2014, informing to me that the opposite
party is going to decided to auction of the gold ornaments of me, it is quite
illegal. I hails from reputed family, due to issuing notice by opposite party, it
is an attack on his reputation and fallen to ground and he got mental agony.
It is humbly submitted that the opposite party gives minimum
opportunity to me for paying the gold loan amount. There is no any demand
notice regarding to the gold loan amount prior to give action notice. Even
the opposite party did not give minimum opportunity to me and the opposite
party did not intimate to me regarding to gold loan amount, I paid part
payment regarding to the gold loan amount. I never defaulted to pay the
gold loan amount. Even I never defaulted to pay the gold loan amount; the
opposite party got issued action notice for sale proceedings of the gold
ornaments.
It is humbly submitted that I got issued reply notice to the opposite
party to stop the sale auction proceedings dt 25-02-2014. The opposite
party having received the said reply notice, the opposite party did not
respond and not to stop the illegal auction proceedings. More over the
opposite party did not accept to pay the gold loan amount by me, when I got
issued reply notice to the opposite party. I ready to pay the gold amount
but the opposite party did not accept to pay the gold loan amount by me.
It is humbly submitted that the respondent is trying to conduct the
gold auction proceedings even I ready to pay the gold loan amount. I
approached number of times to pay the gold loan and clear off the gold loan
amount but the opposite party did not accept to pay the gold loan amount
by me. I got prime facic case and balance of convenience in my favour. If the
respondent conduct gold auction sale I will be put to irreparable loss and
damage.
Hence I pray the Honble Forum to grant temporary injunction order
against the respondent to stop the illegal gold auction sale proceedings and
to receive the balance of gold loan amount, in the interest of the justice.
Be pleased to consider.

Deponent
Solemnly affirmed signed before
me on this day of 2014.
Advocate, Ongole

IN THE COURT OF THE DISTICT CONSUMER FORUM : : ONGOLE

C.C No
Between:

of 2014

Nadrireddy Murali,
S/o Rami reddy,
R/o Devarajugattu Village,
Peddaraveedu Mandal,
Prakasam District

Petitioner/Complainant
And

Shriram City Union Finance Ltd.,

D No. 7-283, Beside Syndicate Bank,
Golla Surendranath Buildings,
Markapur-523316,
Prakasam District

Respondent/Opposite party

PETITION FILED ON BEHALF OF THE PETITIONER/COMPLAINANT UNDER

SECTION 39 AND RULE 1 AND 2 OF C.P.C
For the reasons stated in the accompanying affidavit the petitioner prays that
the Honble forum to grant temporary injunction against the respondent to stop

the illegal gold auction sale proceedings and to receive the balance of gold
loan amount, in the interest of the justice.

Ongole
Date:-

Be pleased to consider.

Advocate for petitioner/complainant.

P.L.P
IN THE COURT OF THE DISTICT
CONSUMER FORUM : : ONGOLE

C.C No

of 2014

PETITION FILED ON BEHALF OF THE

PETITIONER/COMPLAINANT UNDER
SECTION 39 AND RULE 1 AND 2 OF C.P.C

FILED BY:P.L.PAVAN KUMAR B.COM., B.L.

ADVOCATE, ONGOLE

P.L.P
IN THE COURT OF THE DISTICT
CONSUMER FORUM : : ONGOLE

C.C No

of 2014

COMPLAINT FILED UNDER

SECTION 12 OF THE CONSUMER
PROTECTION ACT 1986

FILED BY:P.L.PAVAN KUMAR B.COM., B.L.

ADVOCATE, ONGOLE