DATE OF DISPOSAL: 22.05.2023

SRI SATISH KUMAR PANIGRAHI,  PRESIDENT:

The fact of the case is that the complainant has filed this consumer complaint Under Section 35 of the Consumer Protection Act, 2019, alleging deficiency in service against the Opposite Parties  (in short the O.Ps.) and for redressal of his grievance before this Commission. 

2. The complainant has availed a personal loan from the Ops on 08.02.2021 under the product name P.L.C.Growth Market, vide customer ID No. 54083744 for a tune  of Rs.75,000/- which includes insurance, processing fees and assist fees. Inspite of complainant’s regular payment of installments, O.P.No.1 has bounced the cheques several times and also collected cheque bounced fees without assigning any reason and that has been reflected on the loan account statements of the complainant. Even after repeated reminders by the complainant to the O.P.No.1 the O.Ps done nothing to rectify those mistakes as such when the complainant got failed up on this attitude of the O.Ps wants to close the loan amount by paying all remain amounts but to utter dismay of the complainant O.Ps had informed him that he has to pay another Rs.62,799/- inspite of paying regular installments of Rs.3,393/- for 8 months, which is total to tune of Rs.27,144/-. This arbitrary and monopoly act of the O.Ps left the complainant with no other option, hence he issued a Registered notice to them through his advocate on 23.11.2021 to settle (closure) of complainant’s loan account within fortnight of receiving of his notice. Although the O.Ps have received those notices on 25.11.2021 and 29.11.2021 respectively but till date they have not whispered a word about the same transactions made by them and also did not utter a word to settle the complainant loan account. For the aforesaid deficiencies of service on the part of the O.Ps, the complainant suffered from harassment and mental agony and financial loss. Alleging deficiency in service on the part of the O.Ps, the complainant prayed to direct the O.Ps to settle (closure) of the above mentioned loan account on payment of rest amount without any interest, Rs.50,000/- towards compensation along with costs of Rs.10,000/- in the best interest of justice.  

3. Notices were issued against the Opposite Parties but they neither choose to appear nor filed any written version. Hence all the O.Ps set exparte on dated 08.05.2023.

4. To substantiate his case the complainant has filed his evidence on affidavit, documents as per list and written notes of argument.

5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. It reveals from the case record that the complainant has availed a personal loan from the Ops on 08.02.2021 under the product name P.L.C.Growth Market, vide customer ID No. 54083744 for a tune  of Rs.75,000/- which includes insurance, processing fees and assist fees. Inspite of complainant’s regular payment of installments, O.P.No.1 has bounced the cheques several times and also collected cheque bounced fees without assigning any reason and that has been reflected on the loan account statements of the complainant. Even after repeated reminders by the complainant to the O.P.No.1 the O.Ps done nothing to rectify those mistakes as such when the complainant got failed up on this attitude of the O.Ps wants to close the loan amount by paying all remain amounts but to utter dismay of the complainant O.Ps had informed him that he has to pay another Rs.62,799/- inspite of paying regular installments of Rs.3,393/- for 8 months, which is total to tune of Rs.27,144/-.

6. On the date of hearing of consumer complaint learned counsel for the complaint is present. We heard argument from the counsel for the complainant. We perused the complaint petition, written arguments and documents placed on the case record. The O.P. did not turn up even after receipt of the notice from this Commission. Hence sole contention of the complainant is true. The complainant deposited 8 EMI @Rs.3393/- since the date of obtained loan i.e. 8.2.2021. The O.P. has also collected bounce charges of Rs.2400/- from the complainant without assigning any reason to him till 11.11.2021 as per Loan Financial Summary. The Law is well settled in M/s Magma Fin crop Ltd versus Rajesh Kumar Tiwari in Civil Appeal No. 5622 of 2019 wherein Hon’ble Apex Court held that, “Non service of proper notice would tantamount to deficiency in service for breach of hire purchase agreement giving rise to a claim in damages”.

8. So far as the compensation and cost of the case is concerned, the complainant consumer would be entitled to compensatory damages by reason of the omission to give notice.

9. Further the O.P. failed to take any effective steps to short out the problem of the complainant for which the complainant has suffered physically and mentally. As such the complainant is entitled to get cost of litigation cost since he has hired the services of an advocate for filing his complaint in this commission and has incurred expenses attending the case. In the result, the complainant’s case is allowed on exparte against the O.Ps.

10. Under the above facts and circumstances, in our considered view, it will be just and proper to wave out all bounce charges imposed by the O.Ps. upon the Complainant till filling of the case i.e., 09.12.2021 and further it is directed to the O.Ps. to pay compensation of Rs.5,000/- as well as litigation costs of Rs.3000/- to the complainant within 45 days from the date of receipt of the Order else the Complainant is at liberty to recover the entire amount from the Opposite Parties with interest @ 12% per annum from the date of filing of the case i.e., 21.01.2019 till the actual date of realization of the same is made under the Consumer Protection Act.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019.

The file is to be consigned to the record room along with a copy of this Judgment.

PRONOUNCED ON: 22.05.2023.