Sri S.K.Sahoo,President.
This is a petition filed by the complaint U/s. 35 of C.P.Act, 2019 for certain relief/ reliefs.
2. The case of the complainant is that he has availed a loan of Rs. 3,56,000.00 from the opp.party after execution of agreement bearing No. U18PLFFY-816963 of the year 2018. There was a condition that the complainant is to repay the loan amount through instalment @ Rs.11,025.00 upto 2020. Due to Covid-19 pandemic the loan amount has been reduced from Rs.11,025.00 to Rs. 4084.00 . The complainant was allowed to repay the instalments @ Rs. 4084 upto May, 2022. The opp.party has converted the loan conditions from fixed to hybrid flexible loan and the instalment amount was fixed @ Rs, 6312.00 instead of Rs.4,084.00 without any intimation to the complainant which caused financial loss to the complainant and subjected him to mental harassment. The complainant raised strong objection regarding the enhancement of instalment amount but to keep his Civil record Good, repaid the loan instalments on higher amount. The opp.party has deducted an amount of R. 6312.00 from the account of the complainant on 02.09.2022 towards instalments of the loan. The complainant intend to fix the instalment @ Rs. 4084.00 and return of the excess money which has been deducted by the opp.party. A legal notice was sent to the opp.party but no response. Hence this complaint.
3. Notice was issued to the opp.party through Regd. Post with A.D from this Commission on 15.12.2022. The A.D and the notice issued to the opp.party is not back. Moreover one month has been elapsed after despatch of one notice to the opp.party in correct address through Regd. Post with A.D, for which the service deemed to be sufficient U/s. 27 of General Clauses Act.
4. Inspite of notice issued to the opp.party through Regd. Post with A.D , he did not appear before this Commission to file their written statement or contest the case.
5. As per the complaint petition the complainant has availed a loan of Rs. 3,56,000.00 from the opp.party by executing a loan agreement in the year 2018 . It further transpires from the complaint petition that the instalments amount was fixed @ Rs. 11,025.00 but due to pandemic situation Covid-19, it was reduced to Rs. 4,084.00 . It is further alleged by the complainant that without any intimation to him the opp.party has raised the instalment amount to Rs. 6,312.00 and deducted from his account on 02.09.2022 . It is further alleged that the opp.party has deducted an amount of Rs. 13,368.00 , violating the agreement during the pandemic period. Inspite of notice the opp.party did not turn-up. It is also clear that the complaint has issued a legal notice to the opp.party on 12.10.2022 through Regd. Post with A.D. From the tracking report submitted by the complainant it also appeares that the said legal notice issued to the opp.party has been duly served on him on 18.10.2022. So from the materials on record it is clear that the allegations made by the complaint in his complaint petition are true. The alteration of the terms of the agreement unilaterally by the opp.party is a gross deficiency in service on his part. The increase of the amount of the monthly instalment of Rs. 6312.00 instead of Rs. 4084.00 by the opp.party is illegal and arbitrary.
6. Hence order :-
: O R D E R :
The case be and the same is allowed exparte against the opp.party. The opp.party is directed to return an amount of Rs.13,368.00(Rupees Thirteen Thousand Three Hundred Sixty-Eight) only to the complainant within one month from the date of receipt of this order and realise the monthly instalment @ Rs.4084.00 (Rupees Four Thousand Eighty-Four) only from the complainant.
