Date of filing        :    20.12.2017.

Decided on           :    06.09.2019.

JUDGEMENT

Sajal  Kanti  Jana, Member  – This consumer complaint under section 12 of the C.P. Act has been filed by the complainant Sri Jagannath Jaiswal against the O.Ps. named above alleging deficiency in service on the part of the O.Ps.

Complainant’s case, in brief, is as follows :-

On 27.11.2015 the complainant purchased a Samsung Top Loading Washing Machine priced at Rs. 21,400/- from the O.P. no.-2. For such purchasing the complainant took consumer loan of Rs. 19,040/- from O.P. no.-1. The complainant repaid the said loan to the O.P. no.-1 through ECS from his Savings bank Account No. 32349031037 maintained with the State Bank of India, Belilious Road Branch, Howrah. After payment of such loan amount the complainant again approached the O.P. no.-1 for purchasing certain consumer items from the O.P. no.-2 but at that time it was informed by the O.P. no.-1 that he will not get any further loan because he defaulted in payment of his earlier loan. On further enquiry, the representative of the O.P. no.-1 told that another loan of Rs. 1,00,000/- was taken by him from the O.P. no.-1 against the same consumer ID in the month of march, 2016 although the complainant never approached for such loan. The complainant also received few SMS in the month of January, 2017 from the O.P. no.-1 whereby the complainant was instructed to keep his HDFC Bank account funded for clearance of EMI of Rs. 2,917/-. Thereafter the complainant approached the State Bank of India for a personal loan but due to his poor rating in CIBIL the complainant is not eligible for getting any loan from the banker. It is alleged that the O.Ps. have misused the personal information of the complainant and a third party has been able to take loan from financial institute in the name of the complainant by using his PAN. It is further alleged that without involvement of the O.Ps. this kind of fault could not be committed. Hence the complaint, praying for directing the O.Ps. to pay compensation of Rs. 1,00,000/- and for directing the O.Ps. to take necessary step for removal of  anomaly from the CIBIL rating of the complainant and for other reliefs.

O.P. no.-2 received notice of this case but in spite of receipt of such notice, O.P. no.-2 did not appear for which the case was ordered to be heard exparte against the O.P. no.-2. O.P. no.-1 appeared in this case but subsequently no step was taken by the O.P. no.-1 for which the case was ordered to be heard exparte against the O.P. no.-1. Hence the exparte hearing.

POINT FOR DECISION

            Is the complainant entitled to get the reliefs, as prayed for?

DECISION WITH REASONS

  To prove his case the complainant has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed some documents in support of his case.   

            It appears from the petition of complaint as well as from the evidence of the complainant that the complainant has made out a case of fraud and cheating against both the O.Ps. It is the settled law that no action lies in Consumer FORUM if there is allegation of fraud and cheating. Therefore the present complaint is not maintainable before this FORUM and as such it is liable to be dismissed.

            Hence,

                      it is,

                               O R D E R E D

            that the Complaint Case No. 417/2017 is dismissed exparte against both the O.Ps.

Let a plain copy of this order be given to the complainant free of cost.

Dictated and corrected by me. 

(Sajal Kanti Jana)                                              

        Member,        

D.C.D.R.F., Howrah.