FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.35 of the C.P. Act, 2019.
Brief facts of the case are that on account of urgent need of money complainant applied loan of Rs. 76,00,000/- to the OPs Cholamandalam Investment & Finance Company Ltd. vide Application No. 175389 dated 29.04.2019 but the OPs sanctioned Rs. 58,00,000/- vide Loan Account No. XOHEGKL00002953394. No loan amount is disbursed to the account of the complainant. Sanctioned amount was insufficient for which complainant compelled to wrote a letter dated 17.05.2019 to the OP-2 for cancellation of loan agreement and also refused to accept sanction amount of Rs. 58,00,000/-. Complainant vide letter dated 06.06.2019 requested the OPs to return all loan related documents including blank cheques and Demand Draft of Rs. 38,250/- to avoid further complication. Despite request, the OPs realized Rs. 1,19,516/- from the bank account of the complainant towards Pre-EMI against loan though loan amount was not disbursed. Ultimately, the OPs credited Rs. 29,072/- to the account of the complainant on 24.12.2019 out of Rs. 1,19,516/-. OPs wrongfully deducted Rs. 90,444/- from the bank account of the complainant. Alleging unfair trade practice and deficiency in service on the part of the OPs, the complainant has filed the present complaint.
OPs appeared but no WV is filed on their behalf. Accordingly, vide order dated 04.01.2021 the case has proceeded ex parte against the OPs and their right to file WV is forfeited. They even did not choose to file any application to set aside the ex parte order dated 04.01.2021.
Complainant Shekhar Roy has filed his evidence by way of affidavit supporting the allegations made in the complaint.
Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced in support of complaint.
On perusal of the letter dated 29.04.2019 issued by the OPs to the complainant, it is clear that vide said letter OPs sanctioned Rs. 58,00,000/- to the complainant. From the said document, it is clear that the complainant is liquidated the said term loan within 120 months. It is also clear from the letter dated 06.06.2019 that complainant refused to accept the sanctioned amount of Rs. 58,00,000/- and requested the OPs to return all blank cheques and loan related documents. But the OPs did not return the blank cheques and loan related documents. On perusal of the photocopy of statement of accounts of Corporation Bank, Rash Behari Avenue Branch, Kolkata, it appears that the OPs realized Rs. 1,19,516/- from the bank account of the complainant towards EMIs against loan though the loan amount was not disbursed. It is also clear from the said statement of accounts that the OPs credited Rs. 29,072/- to the bank account of the complainant.
In order to prove of said allegations, the complainant has filed his affidavit reaffirming the allegations. The OPs have failed to controvert the allegations in the complaint by filing WV, the allegations in the complaint are deemed to have been admitted as correct. It is well settled the allegations made in the complaint , if not denied is deemed to be as correct. Therefore, the complainant has proved deficiency in service. Complainant in his affidavit support the allegations in the complaint. Thus, in our view, OPs are liable to refund Rs. 90,444/- with interest at the rate of 10 percentP.A. with effect from the date of filing of the consumer complaint i.e. 06.10.2020 .
In view of the discussion above, the complaint is allowed with following directions.
- OPs are directed to refund Rs. 90,444/- to the complainant within 30 days from today along with compensation of simple interest at the rate of 10 percentP.A. from the date of filing the present consumer complaint (i.e. 06.10.2020).
- OPs are directed to pay a sum of Rs. 5,000/- as cost of litigation.
With these directions consumer complaint stands disposed of.
Copy of the judgment be supplied to the parties as per Rules.
