Haryana

Bhiwani

CC/130/2022

VISHAL Sharma - Complainant(s)

Versus

Bajaj Fin. - Opp.Party(s)

Mukesh Chauhan

05 Jan 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

 

CONSUMER COMPLAINT NO.    130 of 2022

                                    DATE OF INSTITUTION:                 27.06.2022

                                                DATE OF ORDER:                            05.01.2024

 

 

Vishal Sharma son of Sh. Baljeet Singh R/o Kirti Nagar, Near Canal Rest House, Bhiwani, Tehsil and District Bhiwani.

 

            ……Complainant.

 

Versus

 

1. Bajaj Finance Ltd. (Bajaj Finserv), Siwani Road, Tosham, Tehsil Tosham, District Bhiwani-127040 through its authorized signatory.

 

2. Bajaj Finance Ltd., 2^nd Floor, Halwasiya Mall, Hansi Gate, Bhiwani, Tehsil & District Bhiwani through its authorized signatory.

 

3. Bajaj Finance Ltd., 4^th Floor, Survey No.208/1-B, Viman Nagar, Pune-411014 (Maharashtra) through its authorized signatory.

 

….. Opposite Parties.

 

COMPLAINT U/S 35 OF CONSUMER PROECTION ACT, 2019.

 

 

BEFORE:        Mrs. Saroj Bala Bohra, Presiding Member

Ms. Shashi Kiran Panwar, Member

 

Present:-         Complainant in person with counsel Mrs. Mukesh Chauhan,             

                        Advocate. 

            Sh. Ompal Potlia, Advocate for OPs.

 

ORDER:

 

Saroj Bala  Bohra, Presiding Member:

 

1.                     Brief facts of this case are that complainant is a doctor by profession and he obtained a CC Limit loan under Scheme Rural Flexi Doctor’s Loan of Rs.10.00 lac from OP No.1 on 29.11.2019 in the loan account no.46DRFDFN349963 and rate of interest was 14.50% per annum. Out of the said limit, complainant withdrawn Rs.3,50,000/- and he paid the same in installments alongwith interest within stipulated period. Complainant has alleged that Mr. Pawan Kumar met him in October 2021 and introduced himself as agent of OP No.1 and assured that he will grant rebate in interest in the another CC Limit upto 1 to 1.50% and also provide an insurance policy without any charges and for this purpose he asked the complainant to deposit Rs.1,25,000/- in the said loan account and assured that nothing remains due after deposit of the said amount.  Accordingly, complainant deposited Rs.1,25,000/- in his previous loan account and closed the said CC Limit account and OP No.3 issued No Dues Certificate in favour of complainant. On 01.11.2021, said Pawan Kumar provided a new CC Limit to the complainant vide account No.P46DPRF3318832 and OP No.3 credited Rs.7,59,058/- in this account. Complainant approached OP No.3 through e-mail as his name was not shown on Bajaj Finserv Experia App but of no response, so complainant approached Mr. Pawan Kumar for closing of his account.  Complainant checked his account, then an outstanding amount of Rs.90,326/- had been shown and monthly installments shown as Rs.1046/- per month on 02.02.2022 and on 02.03.2022.  It is alleged that Mr. Pawan Kumar asked the complainant to deposit a sum of Rs.90,226/- by saying that there was no charges upon the loan account and the account remains usual. On this, complainant deposited Rs.90,226/- on 07.03.2022 in his loan account. In the month of April, 2022, complainant came to know that a sum of Rs.11,797/- is due as loan installment, whereas the complainant had already deposited the amount of Rs.90,226/-. So, complainant informed the Ops about the wrong calculation of the loan account through e-mail and mobile phone calls from 21.04.2022 to 24.05.2022 but the OPs paid no heed to his requests and forced him to deposit Rs.2,62,583/-.  So, legal notice dated 25.05.2022 was served upon the OPs but of no avail. Hence, the present complaint has been preferred by complainant alleging deficiency in service on the part of OPs and thereby causing him monetary loss as well as mental and physical harassment. Thus complainant has sought directions against OPs to settle the CC Limit Account No.P46DPRF3318832 pertaining to complainant, not to recover the excess interest from the loan account of complainant and EMI of complainant may kindly be hold till settling of the loan account, to pay Rs.1.00  lac as compensation for harassment, to allow Rs.5000/- towards litigation expenses. Any other relief, to which this Commission deems fit has also been sought.  

2.                     Upon notice, OPs appeared through counsel and filed reply that complainant has been existing customer of the OP and availed Professional Loans/Professional Flexi Limit in the past wherein he can withdraw and repay amount anytime and interest will be charged.  All previous loans were closed and No Objection Certificate was issued. The disputed loan account was No.46DRFDFN349963 for Rs.10,24,000/- dated 29.11.2019 with rate of interest 14.5%.  Further it is submitted that complainant given consent to foreclose the said loan by carrying forward the principle outstanding and rebooking the said loan to a new loan.  It has denied that complainant withdrawn only Rs.3,50,000/- from the said loan account rather he operate the account frequently. The fresh loan was issued to complainant on reduced rate of interest @ 13.5%.  It is denied that OP asked the complainant to deposit Rs.1,25,000/- and his loan account will be closed. It is submitted that loan account of complainant was having outstanding Rs.2,29,099/- and same was foreclosed by OP from fresh loan account no.P46DPRF3318832 availed by complainant. An amount of Rs.7,59,058/- was sanctioned to complainant after deduction of previous loan account balance adjustment and other incidental charges.  It is submitted that complainant outstanding was Rs.3,82,384/- on 02.03.2022 and complainant made part payment of Rs.90226/- on 07.03.2022 with left outstanding amount of Rs.2,52,158/- as on 29.08.2022. It is submitted that no excess interest has been charged to complainant and has only been asked to pay his outstanding as statement of accounts.  As such, there is no deficiency in service on the part of OPs and prayed for dismissal of the complaint with costs.

3.                     Complainant in his evidence tendered affidavit Ex. CW1/A alongwith documents Annexure C-1 to Annexure C-4,  Annexure C-5/A to C-5/Q and Annexure C-6 to Annexure C-9. Then he closed the evidence vide statement dated 03.04.2023.

4.                     We have heave heard learned counsel for the parties and gone through the record carefully. Written arguments on behalf of complainant filed.

5.                     The arguments of complainant side is that despite repaying complete loaned amount, the OP is wrongly showing due balance against him as Rs.2,62,583/- till 02.08.2022 which is arbitrary, illegal and negligent behavour on the part of OPs. Complainant has submitted that currently the OP is deducting installment of Rs.2837/- and thus more than Rs.60,000/- have also been deducted by the OP(s) from his bank account of complainant which is illegal on the part of OP(s). Complainant side has argued that after depositing of Rs.90,226/- in the fresh loan account (Annexure C-1 Pg.3), there was only Rs.100/- due against him on 07.03.2022 but allegedly the said statement has been changed by the OP(s) which is also unfair trade practice on their part.

6.                     On the other side, learned counsel for OPs has argued that the amount Rs.2,62,583/- upto 02.08.2022 shown in the statement Annexure RW/D is due against the complainant and he is liable to pay the said amount and the remaining amount thereafter also. As such, the counsel has vehemently argued that the complaint may kindly be dismissed and complainant may be directed to pay the amount within a time frame.

7.                     It is admitted case of the parties that the loan account no.46DRFDFN349963 pertaining to complainant was closed on 29.11.2019 vide No Dues Certificate Annexure C-1 issued by OP(s). Thereafter, fresh loan account bearing no.P46DPRF3318832 was allotted to complainant and on 01.11.2021 a loan of Rs.7,59,058/- was provided to complainant (Mark-X bank statement placed on record during the course of arguments). As per Annexure C-2) which is also a statement of loan account, the said amount has already repaid by complainant between 25.11.2021 to 07.03.2022 to the tune of Rs.7,72,842/-.

7.                     After having heard complainant side and learned counsel for OP and going through the record, we are of the view that the OP(s) are negligent and deficient in providing proper services to the complainant because of which he has to knock the doors of this Commission and has to incur a considerable amount on the litigation besides wastage of his valuable time being a doctor. In such a situation, complainant must have suffered mental and physical harassment as well as monetary loss.  Thus, in totality of the facts and circumstances of this case, the complaint is allowed to the extent below and OP(s), jointly and severally, are directed to comply with the following directions within 30 days from the date of receipt of certified copy of this order:-

(i)        To settle the CC Limit Account No.P46DPRF3318832 pertaining to complainant on the basis of loan of Rs.7,59,058/- sanctioned in this account and not to levy any excess interest/surcharge on the loaned amount other than the agreed rate of interest. Not to recover the loan installment from the complainant till settlement of the loan account.

(ii)       To pay a sum of Rs.10,000/- (Rs. Ten thousand) to complainant as compensation on account of mental and physical harassment.

(iii)      Also to pay him a sum of Rs.5500/- (Rs.Five thousand five hundred) as litigation expenses.

                         In case of default, the OP(s) shall liable to pay simple interest @ 9% per annum on the awarded amounts at column (ii) & (iii) for the period of default.

                        If this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the OP(s) may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated: 05.01.2024.

 

                                    (Shashi Kiran Panwar)                    (Saroj Bala Bohra)

                                                       Member                           Presiding Member

District Consumer

Disputes Redressal

Commission,Bhiwani.