IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 28th day of October, 2022.
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member3
C C No. 134/2022 (Filed on 23-06-2022)
Petitioner : Jishnu M.G.
Ambady,
Vayala P.O.
Kottayam
Vs.
Opposite party : Manager,
Bajaj Finance Ltd.
Kottayam
Varuthrapallathu Building,
Tourist Bangalave Road,
1st Floor, Near KSRTC
686001.
O R D E R
Sri. K.M. Anto, Member
The complaint is filed under Section 35 of Consumer Protection Act, 2019
The brief of the complaint is as follows.
The complainant had availed a personnel loan from the opposite party for an amount of Rs.1,22,000/- on 17/10/2018. The complainant was informed that the loan is to be paid in 36 monthly installments. Complainant had paid Rs.126387/- towards the loan. But the opposite party is repeatedly making phone calls and demanding to pay money. They have informed that the loan can be settled only by remitting Rs.60,000/- as final settlement. The act of the opposite party is unfair trade practice and deficiency in service. Hence this complaint is filed.
On admission of the complaint copy of the complaint was duly served to the opposite party. But the opposite party failed to file their version or to appear before the commission to defend their case, the opposite party was set exparte.
The complainant filed proof affidavit and marked Exhibit A1.
On the basis of the complaint, proof affidavit of the complainant and evidence adduced we would like to consider the following points.
- Whether there is unfair trade practice or deficiency in service on the part of the opposite party.
- If so what are the reliefs and costs.
Points 1 and 2
On the basis of the complaint and evidence on record it is clear that the complainant had availed a personnel loan from the opposite party for an amount of Rs.1,22,000/- on 17.10.2018. The loan is to be repaid in monthly installments.
Ext A1 is copy of the loan summary as on 06/12/2021. Ext A1 shows that the loan amount is 122000/-. Annual Interest rate is 33.99%, EMI is Rs.4,681/-, Loan disbursal date 17/10/2018 and last installment due date is 05.11.2023 with loan tenure 60 months.
The case of the complainant is that the total loan period is 36 months. But as per Ext A1 filed by the complainant, the tenure of loan is 60 months. The complainant failed to produce the terms and conditions of the loan agreement and any evidence to show that the total loan period is 36 months. From the available evidence, the complainant failed to prove unfair trade practice or deficiency in service on the part of the opposite party with cogent evidence. Hence point no 1 and 2 are not found in favour of the complainant. The complaint is liable to be dismissed. Hence the complaint is dismissed.
Pronounced in the Open Commission on this the 28th day of October, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of loan transition details between 17-10-18 to 06-12-21
Exhibits marked from the side of opposite party
Nil
By Order
Sd/-
Assistant Registrar
