MR. PRAVAT KUMAR PADHI, PRESIDENT:-
Complainant has filed the C.C.Case No. 119/2023 U/s-35 of C.P.Act, 2019 seeking compensation of Rs. 1,00,000/- (One Lakh) for deficiency in service for causing mental torture after repaying entire loan & demanding Rs. 9000/-.
The brief fact of the case is that the complainant took loan of Rs. 30,000/-(Thirty thousand) and after deduction of processing charge and insurance amount Rs. 28,000/- was paid to Complainant. The grievance of Complainant is that he has paid Rs. 16,000/- prior to Covid-19 and availed 5 months moratorium period of 5 months and there after paid Rs. 12,000/- (twelve thousand) during dt. 02.09.2020 to 03.02.2021 in 6 installments.
The grievance of Complainant is that after payment of aforesaid amount without paying any further loan prepared a fresh loan of Rs. 14902/- and complainant paid Rs. 800/- for 12 months and paid Rs. 9600/- and Ops are still demanding Rs. 9000/- and sending Agents to recover the amount.
We have gone through the records, loan card of complainant issued by Ops which clearly shows that the Complainant had to repay 17 installments of Rs. 2000/- and last installment was Rs. 1263/-, which was to be paid as on dt. 06.01.2021 totaling Rs. 35,263/- during the period from dt. 07.08.2019 to 06.01.2021. But admittedly complainant has paid Rs. 28,000/- (Twenty eight thousand) during 07.08.2019 to 03.02.2021. The Complainant has availed the moratorium period and it is clear from the RBI guide line that interest shall be calculated for the entire period including moratorium period and only benefit of moratorium is that Complainant cannot be compelled to pay the installments during moratorium period, which the Complainant has availed and liable to pay interest for the entire period including moratorium period.
So admittedly the Complainant has paid less rupees than the agreed amount and renewed the loan of Rs. 14,902/- and executed fresh agreement and paid 12 installments and now raising deficiency in service and filed the C.C. seeking aforesaid relief.
It is settled position of law that Consumer Commission cannot enter into accounting. The relation between Complainant and Ops is that of Debtor and Creditor and we find no deficiency in service on part of the Ops. The Complainant when signed the agreement and complied for 1 year is bound to be guided by the terms and condition of agreement. Thus we find no merit in the consumer complaint. Accordingly the C.C.Case No. 119/23 is hereby dismissed. No order as to cost.
Issue extract of the order to the parties concerned.
Pronounced in the open Commission, on this the 13th day of March,2024.
I, agree.
Sd/- Sd/-
MEMBER PRESIDENT
