Date of filing:- 15/11/2021.

Date of Order:-18/03/2024.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H (ODISHA).

Consumer Complaint No. 62 of  2021.

            Mrs. Meena Bhoi, aged about 45(forty five) years, D/o. Haradhan Bhoi, R/o. Ward No. 02, Behera Tikra, Bargarh, Po/Ps/Tahasil/Dist. Bargarh.

                                                                        .....          .....          .....             Complainant.

-: V e r s u s :-

1. The Branch Manager, Bajaj Finserv, Bargarh Branch, Bargarh, At- Bhagabati Complex, Near Kishori Nursing Home, Bhatli Chowk, Bargarh, Po/Ps/Tahasil/Dist. Bargarh, Pin-768028 (Odisha).
2. The Manager, Bajaj Finserv, Corporation Office, 4^th Floor Viman Nagar, Pune, Ahmed Nagar Road, Behind Hyatt Hotel, Pune, Pin-411014.                                                                                                .....            .....       .....             Opposite Parties.

Counsel for the Parties:-

For the Complainant :-            Sri A.B.Sahu, Advocate with associates.

For the Opposite Parties  :-                  Sri M.Mohapatra, Advocate.

                                                            -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra               .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agrawal             .....            .....       .....       .....       .....       M e m b e r (W).

Dt.18/12/2023.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agrawal, Member(w):-   

1)         The case of the Complainant is that the Complainant to meet her livelihood had availed some finance from the Opposite Party No.1(one) to a tune of Rs.83,757/-(Rupees eighty three thousand seven hundred fifty seven)only. For the said loan the Opposite Parties have linked the Aadhar in Bank Pass Book for loan repayment. The Opposite Parties have disbursed a sum of Rs. 75,596/-(Rupees seventy five thousand five hundred ninety six)only on dt.14/08/2019 and the Opposite Parties have assured to the Complainant that insurance has also been done. The Complainant had been regularly paying repayment installment Rs. 3,841/-(Rupees three thousand eight hundred forty one)only for six months, Rs. 3,558/-(Rupees three thousand five hundred fifty eight)only for one month and Rs. 2,372/-(Rupees two thousand three hundred seventy two)only for 10(ten) months and Rs. 3,742/-(Rupees three thousand seven hundred forty two)only for two months and the Complainant till date 02-09-2021 has paid Rs. 57,906/-(Rupees fifty seven thousand nine hundred six)only  to the Opposite Parties. When on dt.22-09-2021, the Complainant has approached the Opposite Party No.1(one) for detail of loan status, the Complainant found that till an outstanding amount of Rs. 80,972/-(Rupees eighty thousand nine hundred seventy two)only is to be paid by the Complainant having interest calculated in the loan to a tune of Rs. 4,624.68/-(Rupees four thousand six hundred twenty four and sixty eight paise)only. For the said conduct of Opposite Parties the Complainant complained but the Opposite Parties made a deaf ear. Pleader Notice dt. 28-09-2021 was also sent to the Opposite Parties to compensate but the Opposite Parties remained  silent. For the deficiency in service and unfair trade practice conducted by the Opposite Parties this complaint is filed by the Complainant before this Commission praying that Opposite Parties be directed to correct the account status of the Complainant and to pay a sum of Rs. 20,000/-(Rupees twenty thousand)only.

2)         The case of the Opposite Parties is that the Opposite Parties have filed its version and submitted that the Complainant had availed a flexi loan vide loan account No. U43FRPGA487947 for Rs. 83,757/-(Rupees eighty three thousand seven hundred fifty seven)only dt. 17-06-2020 with a monthly EMI of Rs. 2,372/-(Rupees two thousand three hundred seventy two)only for the first 12(twelve) months which consists of only the interest amount of the EMI and after the completion of the first 12(twelve) months the EMI consists of both principal and interest and hence the EMI charges increased to Rs. 3,742/-(Rupees three thousand seven hundred forty two)only. The Complainant has availed the said loan by showing the details. For the total loan amount of Rs. 83,757/-(Rupees eighty three thousand seven hundred fifty seven)only an amount of Rs. 1,457/-(Rupees one thousand four hundred fifty seven)only has been deducted towards the switch fee. The Opposite Parties further submitted that the amount of Rs. 76,595/-(Rupees seventy six thousand five hundred ninety five)only which is mentioned to have disbursed is against the other loan which was availed by the Complainant vide loan account No. U43RPLEY436009 for Rs. 86,000/-(Rupees eighty six thousand)only Dt.14-08-2019 with a monthly EMI of Rs. 3,841/-(Rupees three thousand eight hundred forty one)only for 41(forty one) months commencing from 02-10-2019 and ending on 02-02-2023. The processing fee and incidental charges are deducted only as per the consent received from the Complainant. The Opposite Parties submitted that the EMI of Rs. 3,841/-(Rupees three thousand eight hundred forty one)only has been charged towards the Loan Account No.  U43RPLEY436009 which was foreclosed by the Complainant herself and had given the correct to carry forward the principle outstanding by sharing the details and connecting the said loan Account vide Loan Account No.  U43FRPGA487947 for Rs. 83,757/-(Rupees eighty three thousand seven hundred fifty seven)only dt. 17-06-2020. The Opposite Parties further submitted that the charges as alleged by the Complainant are the bouncing charges, there is no deficiency in service on the part of the Opposite Parties as well as no unfair trade practice has been committed. Hence, the complaint to be dismissed against the Opposite Parties

3)         Perused the documents filed by the Parties as well as oral submission following issued are framed:-

Issues:-

1. Whether the Opposite Parties are deficient in their service ?
2. Whether the Complainant is entitled for any relief ?

Issue No.1(one)

4)         It is not in dispute that the Complainant had borrowed a personal loan of Rs. 86,000/-(Rupees eighty six thousand)only on dt. 10-08-2019 with loan Account bearing No.  U43RPLEY436009 and the Complainant agreed to pay fixed note of interest at 20.25% with a tenure of 36(thirty six) months and EMI of Rs. 3,841/-(Rupees three thousand eight hundred forty one)only. The Complainant went the Opposite Party No.1(one) and found that Rs. 80,979.32/-(Rupees eighty thousand nine hundred seventy nine and thirty two paise)only is still outstanding. The said loan has been converted to flexi loan bearing No. U43FRPGAH87947 of Rs.  83,757.32/-(Rupees eighty  three thousand seven hundred fifty seventy and thirty two paise)only the rate of interest being 33.98% with a tenure of 48(forty eight) months and EMI of Rs. 3,741/-(Rupees three thousand seven hundred forty one)only.

            After going through the entire record it is of common knowledge that no ordinary person would agree to pay at a higher rate of interest when getting the loan at a reduced rate of interest according to the statement.

            The Complainant has no knowledge regarding extension of the EMI, tenure and rate of interest from 20.25% to 33.98%. The loan agreement itself reveals that the Opposite Parties has not explained all the terms and conditions of the Flexi loan bearing No.  U43FRPGAH87947 and has done unfair trade practices. The Complainant has till date paid Rs. 78,289/-(Rupees seventy eight thousand two hundred eighty nine)only towards both the loan account as per the statement of account filed by the Opposite Parties.

Issue No.2(two)

5)         As per supra discussion the Complainant is entitled for the relief claimed.    

                        Accordingly it is ordered.

                                                            O  R  D  E  R

6)         The complaint is allowed on contest against the Opposite Parties. The Opposite Parties are directed, jointly and severally, to settle the loan as per the loan account of Complainant bearing No. U43RPLEY436009 within one month of this Order, the Opposite Parties are further directed to pay Rs. 10,000/-(Rupees ten thousand)only as compensation for mental harassment and Rs. 5,000/-(Rupees five thousand)only towards litigation expenses to the Complainant.

            All the order to be complied within one month of this Order, failing which the entire order shall carry 12%(twelve percent) interest per annum till realization.

7)         Accordingly the order is pronounced in the open Commission to-day i.e.  Dt.18/03/2024 and the case is allowed against the Opposite Party and disposed off.

                                                                                             Typed to my dictation

                                                                                              and corrected by me.                                                                         

                                    I agree,                                               ( Smt. Anju Agrawal)

                                                                                                     M e m b e r(w).

                       (Smt. Jigeesha Mishra)

                              P r e s i d e n t.