Date of filing:- 19/04/2022.
Date of Order:-29/07/2024.
DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION
B A R G A R H (ODISHA).
Consumer Complaint No. 06 of 2022.
Haribola Meher, S/o Keshaba Meher, R/o. Bahalmunda, Barpali, Po/Ps/Tahasil. Barpali, Dist. Bargarh (Odisha) ..... ..... ..... Complainant.
-: V e r s u s :-
- The Branch Manager, Bajaj Finserv, Bargarh Branch, Bargarh, At. Bhagabiti Complex, Near Kishori Nursing Home, Bhatli Chowk, Bargarh, Po/Ps/Tahasil/ Dist. Bargarh-768028 (Odisha)
- The Manager, Bajaj Finsert, Corporation Office, 4th Floor Viman Nagar, Pune, Ahmed Nagar Road, Behind Hyatt Hotel, Pune, Pin-411014.
- The Manager-Cum-Authorized Officer, Asset Reconstructions Company (India) Ltd., The Ruby, 10th Floor, 29, Senapati Bapat Marg, Dadar (W), Mumbai-400028 ..... ..... ..... Opposite Parties.
Counsel for the Parties:-
For the Complainant :- Sri M. Sahu, Advocate with associates.
For the Opposite Party No.1(one) :- Ex-parte.
For the Opposite Party No.2(two) :- Sri M.K.Mohapatra, Advocate.
For the Opposite Party No.3(three):- Sri D.Acharya, Advocate with associates.
-: 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.29/07/2024. -: 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 for his livelihood has taken a loan of ₹ 4,00,000/-(Rupees four lakh)only from DCB Bank to install a garment shop. The Opposite Party No.1(one) and No. 2(two) have given lucrative offer and sanctioned a sum of ₹ 7,00,000/-(Rupees seven lakh)only to the Complainant in two fold one to clear the loan of DCB Bank and second for his garment business. Since then the Complainant has been paying the regular repayment EMI @ ₹ 8,569/-(Rupees eight thousand five hundred sixty nine)only for four lakhs and @ ₹ 4,515/-(Rupees four thousand five hundred fifteen)only for three lakhs. The Complainant was paying the loan repayment EMI regularly without fault till March 2020 but in March 2020 due to Covid-19 lock down the Complainant has suffered a lot and did not paid the installment due. The Complainant has approached the Opposite Party No.1(one) regarding loan account status but the Opposite Party No.1(one) denied to provide the same. The Opposite Party No.3(three) had served a notice that the Complainant has got still an outstanding of ₹ 6,92,858.010/-(Rupees six lakh ninety two thousand eight hundred fifty eight and zero point ten paise)only for which the Complainant put forth the grievance for illegal act of the Opposite Parties. The agent of Opposite Party No.3(three) without obeying the Covid-19 guideline have been collecting the EMI but the Complainant due to pandemic could not pay the same. The Complainant on Dt.17-03-2022 has served pleader notice but the Opposite Parties remained silent. For the deficiency and negligence of service caused by the Opposite Parties the Complainant filed the complaint before this Commission prayed that Opposite Parties be directed to compensate the Complainant with a sum of ₹ 3,00,000/-(Rupees three lakh)only and to exonerate the Complainant from the loan amount.
2) Notice were duly served to the Opposite Parties on Dt.13-12-2022, on response to the notice Opposite Party No.2(two) and No.3(three) appeared through their respective counsels and context in this case but Opposite Party No.1(one) neither appear nor submit his version and set ex-parte in this case.
3) The case of the Opposite Party No.2(two) is that the Opposite Party No.2(two) has filed its version and submitted that at the time of scrutiny loan to the Complainant. The Complainant agreed with the terms and conditions prescribed in the loan file and after accepting the Opposite Party No.2(two) sanctioned the loan to the Complainant. The Opposite Party No.1(one) and No.2(two) has sanctioned a sum of ₹ 7,00,000/-(Rupees seven lakh)only in order to clear out the loan amount of DCB Bank and to assist in garment business. Then, since the Complainant has been paying the regular payment of EMI of ₹ 8,569/-(Rupees eight thousand five hundred sixty nine)only for four lakh and ₹ 4,515/-(Rupees four thousand five hundred fifteen)only for three lakhs till 2020. The Complainant has took the plea of Covid-19 just to escape from payment. The Opposite Party No.2(two) on Dt.23-07-2021 his send notice to the Complainant regarding Asset Reconstruction Company India Ltd (ARICIL), a company incorporated under the Companies Act, 1956 and the Companies Act, 2013 registered as a Scrutinisation and Asset Reconstruction Company. Perusal to Section-3 of the SARFESI and the above “ARCIL” Company is solely entitled to all receivables arising from the loan agreement and other transaction documents executed between the Complainant and Bajaj Finance Ltd. and after receiving the said information the Complainant has not given any objection to Opposite Party No.2(two) at that time, all the liabilities have been taken over by the Opposite Party No.3(three), the Opposite Party No.2(two) may be removed from the complaint petition. There lies no deficiency in service on the part of the Opposite Party No.2(two), the complaint to be dismissed against Opposite Party No.2(two).
4) The case of Opposite Party No.3(three), is that the Opposite Party No.3(three) has filed its version and submitted that there is no cause of action against Opposite Party No.3(three). The Opposite Party No.3(three) happens to be third party loan Recovering engaged by Opposite Party No.1 (one) and No.2(two). The Opposite Party No.3(three) is doing without obeying law is wrong. The loan accounts of the borrower have been assigned to Opposite Party No.3(three) on Dt.24-06-2021 by Opposite Party No.1(one) and No.2(two) U/s 5 of the SARFAESI ACT, 2002 vide Deed No.13687 registered at Mumbai suburban. After assignment the Opposite Party No.3(three) in its capacity is legally entitled to enforce the security interest. It is further submitted by Opposite Party No.3(three) that EMI and interest has been calculated as per terms and conditions of the loan agreement. Since, the Complainant is a willful defaulter, the Opposite Party No.3(three) has sent notice to pay the outstanding dues as per terms and conditions. There is no cause of action of action against Opposite Party No.3(three), the case to be dismissed against Opposite Party No.3(three).
5) Perused the complaint petition, documents filed by the Parties, and it reveals that the Complainant had availed finance of ₹ 7,00,000/-(Rupees seven lakh)only from Opposite Party No.1(one) and No.2(two) and was not able to repay the same due to Covid-19 from April 2020. The Opposite Party No.3(three) issued notice regarding outstanding dues of ₹ 6,92,858.010/-(Rupees six lakh ninety two thousand eight hundred fifty eight and zero point ten paise)only to the Complainant. The Opposite Party No.1(one) and No.2(two) has submitted that on Dt.24-06-2021, the loan account of the borrower has been assigned to Opposite Party No.3(three) under Sarfesi Act, 2002 and a notice has been sent to the Complainant by Opposite Party No.1(one) and No.2(two) assignment of loan/debts in respect of loan account Number “U43RSE49809058”. A copy of the notice is produced by the Opposite Party No.1(one) and No.2(two). As the Complainant due to Covid-19 after March-2020 was unable to repay the loan the Opposite Party No.1(one) and No.2(two) assigned the loan amount of the Complainant to Opposite Party No.3(three) under Sarfesi Act, 2002.
6) As proceedings under Sarfesi Act, 2002 has been initiated before filing of the Complaint, the Consumer Commission has no jurisdiction to entertain any complaint in respect of any measure taken by the Opposite Parties under Sarfasi Act.
Accordingly, the following order is passed.
O R D E R
7) The Complaint is dismissed against the Opposite Parties. No cost to the Complainant.
Accordingly the order is pronounced in the open Commission to-day i.e. Dt.29/07/2024 and the case is dismissed against the Opposite Parties 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.
