Order Date: 31.05.2024

   Today is fixed for passing order in respect of M.A. case being No.8/2024.

   Ld. Advocate for the complainant is present.

The M.A. case being No.8/2024 is taken up for passing order.

The petitioner as complainant filed the instant case praying for compensation for the deficiency in service and unfair trade practice by the O.P.

The complainant in his complaint stating that in spite of receiving more than the entitled amount, the O.P. is continuously deducting amount from the bank account of the complainant on the head EMIs without any basis and reason. Not only that in spite of receiving the legal notice from the Ld. Advocate of  the complainant, the O.P. further deducted an amount of Rs.3968/- from the bank account of the complainant on 02.01.2024. The O.P. has already received the loan amount along with interest which they are entitled to but, in spite of that without any basis they are continuously deducting amount without following any law and rules only for harassing the complainant and for making undue gain. Therefore an interim order should be pass by restraining the O.P. from deduction of any further amount of the head EMI from the bank account of the complainant. So the complainant prays for necessary interim order as per provision of Consumer Protection Act, 2019 by restraining the O.P. from deduction of any further amount on the head EMI from the Bank account of the complainant otherwise the complainant will suffer irreparable loss and injuries and will be seriously prejudiced.

On the other hand, the O.P. filed W/O on 28.03.2024 against the said petition denying all the allegations made by the complainant and the application is not maintainable and liable to be rejected with cost.  The O.P. further submitted that the complainant had availed the first loan vide Loan No.498GPLFG-487373 for an amount of Rs.1,25,000/- dated 11.10.2019 with a monthly EMI of Rs.5579/-  with a contract period of 36 months commencing from 02.11.2019 and ending on 02.10.2022. He further submitted that the complainant only after agreeing to the terms and conditions offers and benefits had foreclosed the said loan dated 31.05.2020 by carrying forward the principle outstanding alone with other charges and agreed to rebook/convert the loan account to a Flexi Loan vide Loan No.498FGPFZ682420 for Rs.1 13,981/-.  The O.P. submits that the complainant himself has given the consent of availing the said loan and thus stands no deficiency in service on the part of the O.P.  The said fact is evident from the E- agreement  which has been duly executed by the complainant after understanding the T&C along with the transactional and welcome letters SMS’s sent by the O.P. to the complainant in mobile No.9434337344 vide I.P. Address 49.44.141.190.  Details of SMS and other transactional messages along with the OTP logs sent by the O.P. through the Registered Mobile No of the complainant are enclosed below along with the journey of the Loan of the Loan conversion.

The O.P. also stated that the complainant had duly given the consent to foreclose the said Loan account by carrying forward the Principle Outstanding with other charges by sharing the details and the One Time Password received in his registered mobile number by this O.P. through the Bitly Link and the complainant by clicking into the Link and accepting the Terms and Conditions has accepted to rebook/convert the Said Loan account  into a new Loan account i.e., Flexi Loan vide Loan Account No. 498FGPFZ682420 for Rs.1,13,981/- dated 11.05.2020 . The O.P. provides a journey to show the explicit consent of the complainant to avail the Online Loan and hence in no way he can state that he was not aware about  the said transactions.

On 01.06.2020 at 16.27 hours the O.P. transmitted the loan terms and conditions through a Bitly Link  to the complainants’ mobile number. On 01.06.2020 at 16.38 hours the O.P. also required the complainant to submit the one time password sent by this O.P. to the complainant in his registered mobile number over the Bitly Link.

On 07.07.2020 at 16.38 hours the complainant submitted the OTP and accepted the loan terms and conditions by clicking onto to the proceed button. Thereafter the loan account got booked in the name of the complainant. Subsequently the loan amount stood disbursed to the Bank Account No.34470335541-vide SBI Bank of the complainant. Each of the above mentioned steps are duly supported by the auto generated electronic audit train sheet which clearly depict the IP address, date and time stamp , the OTP logs and the mobile number through which the complainant have given the consent, which collectively demonstrate the loan transaction on electronic platform and the conduct of the complainant herein. The O.P. further stated that it is a common practice if any customer is not maintaining sufficient balance in his/her bank account and his/her loan EMI cheque/ auto debit mandate not being honoured then the said customer has to pay the bouncing charges to his bank where he/she maintain savings bank account and to his /her creditor from whom he /she  has  availed loan.. The O.P. is also submitted that the O.P. is a Non Banking Financial Company, which is into the business of providing various consumer durable loans to the needy people and therefore act in accordance with the strict guidelines laid down by the RBI. It is the right of the O.P. (being a non-banking financial company) to collect or recover back the amount paid to the complainant at the time of his urgent need. The OP further states that the complainant is not entitled to any interim order or relief whatsoever and the application is not maintainable and is liable to be dismissed.

This Commission carefully perused the entire materials on record as well as the petition dated 29.01.2024 filed by the complainant along with its objection dated 28.03.2024 filed by the O.P.

Perused the petition filed by the Complainant and W/O filled by the OP.

At this stage the Ld. Commission is declined to pass such order as sought for by the complainant in this M.A. case .

Accordingly the M.A. case being No.8 of 2024 is hereby rejected on contest and the facts of M.A. case will be considered at the time of passing final order/ disposal of the consumer complaint.

Hence, it is

                                           ORDERED

that this M.A. Case being No. 8/2024 is hereby rejected on contest but without any cost.

Let a copy of this order be given to the parties on free of cost.

                         Member                                                President-in-Charge

              D.C.D.R.C., Purba Bardhaman                    D.C.D.R.C., Purba Bardhaman