DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT: NEAR T.V.CENTREPARA, PO:BHAWANIPATNA, DIST: KALAHANDI, State: Odisha,
PIN NO. 766 001.
C.C.case No. 04 / 2016.
Date of Order. 22. 6 .2016.
PRESENT:-
Sri Aswini Kumar Sahoo, M.A, LL.B
OSPS(I) Sr. Retd. President.
Smt. Bhawani Pattnaik, M.A(Sociology) Member.
Sri Ashok Kumar Patra, Retd. O.I.S ( I) Member.
Sri Ranjan Sahu, S/O: Ekadasi Sahu, At: Gahirapadar, Po: Santpur Narla Dist: Kalahandi, State:Odisha, Pin No. 766 110 Cell No.9439567008. …..Complainant.
Versus.
Aayush Rastogi, Pulse Finsec Consultancy Pvt. Ltd., Ist.Floor Meerut Hospital, Near SBI Colony, Opposite Triranga Gate, Hapur Road, Meerut, State: Utter Pradesh- 250002, Cell No.9557492463 …Opposite parties.
For the Complainant:- Self.
For the O.P : Set exparte.
ORDER.
The present disputes arises out of the complaint petition filed by the above named complainant alleging deficiency in service against the afore said O.P for non supply of the certified copies of will document . The brief facts of the case is briefly summarised hereunder.
That the complainant applied for education loan to the O.P. for a sum of Rs.2,00,000/-. Aayush Rastogi, official authority of the above Finance company over telephone instructed me and given bank account No.32545051538 to deposit processing charges a sum of Rs. 3,500/- . In turn the complainant credited the amount in the above bank account on Dt. 29.7.2015. After some days Aayush Rastogi, official authority of the above Finance company over telephone instructed me and given bank account No.20113924551 to deposit margin money a sum of Rs. 13,000/- . In turn the complainant credited the amount in the above bank account on Dt. 7.8.2015. The O.P. asked to send No objection certificate obtain from the Tahasildar and bank, but the Tahasildar refused to give above certificate. Then the complainant informed the O.P. the above reason. So the O.P. denied to give loan. Hence this case filed before the forum to direct the O.P. to refund the Margin money and processing charges amounting to Rs.16,500/- and further direct the O.P to pay Rs.5,000/- towards compensation for harassment, mental agony, damages and such other relief as the hon’ble forum deems fit and proper for the best interest of justice.
On being noticed by Regd. Post the O.P. had received the notice from this forum through postal service but neither O.P. appeared before the forum nor choose to file written version. The statutory period for filing of written version is over. Hence the O.P was set exparte.
During the exparte hearing the complainant examined himself and proved the payment of the advance money to the O.P. for getting Education loan.
In the absence of any denial by way of written version from the side of the O.P. it is presumed that the allegations leveled against the O.P. is deemed to have been proved. He has also produced the Xerox copies of the folio of the S.B.I., branch, Narla, Dist: Kalahandi where the money had transferred to the account No. 32545051538 of the O.Ps on Dt. 29.7.2015 and account No. 20113924551 of the O.Ps on Dt. 7.8.2015. Hence It is deemed that the fact is said to be proved, and this forum considering the above aspects tendered in evidence believes it to exist or consider its existence so probable that under the circumstances of particular case to act upon the supposition that the said fact exist. The complainant has paid the money for Educational loan purpose which he has intended with the O.Ps. and the said payment is made for the consideration for the said service. When the O.Ps. has failed to give such service for which he has received the above payment in advance, it is deemed that the O.P. is guilty of unfair trade practice and it amounts to deficiency of services.
When the O.Ps. had undertaken the contract to sanction Education loan in favour of the complainant for his future for a valuable consideration and even after receipt of the said consideration in advance, non performance of the same amounts to breach of the said contract.
When a contract has been broken or breached the party who suffers from the said breach is entitled to receive from the party who has broken the contract, compensation for any loss or damage caused to him thereby which naturally arose in the usual course of things for such breach or which the party knew when they have made the contract.
Hence this forum found that the complainant is a consumer within the definition of the C.P. Act, the breach of contract even after receipt of consideration in advance for the same on the part of the O.P. is a deficiency of service and unfair trade practice and as such the complainant is entitled to the reliefs claimed in the petition.
Hence to meet the ends of justice, the following order is passed. ORDER.
The O.P. is ordered to refund Rs.16,500/- (Rupees sixteen thousand five hundred)only to the complainant and to pay Rs.5,000/- towards compensation for mental agony, harassment, damages. No cost.
The O.Ps ordered to comply the above directions within 60 days from the date of receipt of this order failing which the complainant is at liberty to file execution proceeding as laid down in the C.P.Act for realization of the same from the O.Ps.
Dictated and corrected by me
Pronounced on this 22nd. day of June, 2016.
Member. Member. President
