Chandigarh

DF-I

CC/807/2021

Tanvir Singh - Complainant(s)

Versus

Dhani Loan and Services Limited earlier Indiabulls customer Finance Limited - Opp.Party(s)

Devinder Kumar

20 Dec 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/807/2021
Date of Institution	:	22/11/2021
Date of Decision	:	20/12/2023

 

Tanvir Singh S/o Sh. Arvinder Singh, age 33, R/o H.No.429, Milk Colony Dhanas Chandigarh.

… Complainant

V E R S U S

1. Dhani Loan and Services Ltd. earlier Indiabulls Customer Finance Ltd., Registered Office at M-62 & 63, First Floor, Connaught Place, New Delhi-110001 through its Managing Director.
2. Indiabulls Customer Finance Ltd., SCO No.42-43, 2^nd Floor, Sector 9-D, Chandigarh through its Branch Manager.
3. Credit Information Bureau India Ltd., (CIBIL), Registered Corporate Office, One Indiabulls Centre, Tower 2A, 19^th Floor, Senapati Bapat Marg, Elphinstone Road, Mumbai, Maharashtra-400013 through its Managing Director.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Sh.Devinder Kumar, Advocate for Complainant.
	:	Sh.Kamal Mor, Advocate for OP No.1 & 2.
	:	Sh.Gaurav Bhardwaj, Advocate for OP No.3.

Per Surjeet kaur, Member

1.      Averments are that the complainant had taken 3 loans each amounting to Rs.2500/- total amounting to Rs.7500/- from OP No.1 & 2. The complainant paid the installment for the month of June 2021 i.e., Rs.834/- in three loan account through online plate form and Rs.834/- paid cash to the OP No.1 on 02.07.2021, total amounting to Rs.4002/-. In the month of July, 2021 complainant had one another loan amounting to Rs.2500/- from the OP No.1 & 2. The complainant tried to pay the installment through online app, but due to some technical error in their app, complainant could not pay the installment through online plate form. Thereafter, the complainant approached to the OP No.2 and informed about the problem their app. The official of OP No.2 informed that a sum of Rs.8289/- due against the complainant in the entire loan account. The complainant paid the entire loan amount of Rs.8289/- to the OP No.1 & 2 on 22.07.2021 (Annexure C-3). The complainant demanded NOC from the OP No.2, they assured to the complainant that within 15 days they will issue NOC to the complainant. It is further stated that the complainant approached M/s Ashoka Enterprises to purchase the refrigerator by financing the amount. They refused the finance the amount and intimated that due to the unlawful acts of the OP No.1 & 2 CIBIl score, the complainant is not upto the mark. It is submitted that despite payment OP No.1 & 2 sent the name complainant in defaulter list with the CIBIL Authority i.e., OP No.3. Thereafter, numbers of the email were sent to the OP No.1 & 2 with request to resolve the issue. But nothing has been done by the OP No.1 & 2 (Annexure C-7) colly. The complainant sent a legal notice to the OP No.1 & 2 (Annexure C-10). Hence, is the present consumer complaint.
2.     OP No.1 & 2 contested the consumer complaint, filed their written reply and stated that the subscription fee amounting to Rs.200/- will be charged per month. However, at later point of time, while the complainant changed its plan and enhanced the credit line limit for Rs.5000/- to Rs.25,000/-. Then the subscription fee plan changed from Rs.200/- to Rs.499/- per month. It is therefore, submitted that complainant has paid its EMIs and late fees whereas the subscription fee per month is yet to be paid by the complainant. Hence, the amount of Rs.998/- is due as on 07.12.2021. On these lines, the case is sought to be defended by OP No.1 & 2.
3.     OP No.3 contested the consumer complaint, filed its written reply and stated that the complainant himself stated in this para of his complaint that due to unlawful acts of the OP No.1 & 2 CIBIL score of the complainant is not upto the mark and despite payment OP No.1 & 2 sent the name of the complainant in defaulter list with the CIBIL i.e., OP No.3 due to which the CIBIL of the complainant was affected. As admitted by the complainant it is clear that all the transactions have been done between the complainant and the OP No.1 & 2. The OP No.3 has nothing to do with the case in hand. The complainant has only made reference about TUCIBIL in the paras but has not alleged anything against TUCIBIL. On these lines, the case is sought to be defended by the OP No.3.
4.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
5.     Parties led evidence by way of affidavits and documents.
6.     We have heard the learned counsels for the parties and gone through the record of the case.
7.      The sole grouse of the complainant through present complaint is that the OPs illegally charged Rs.3957/- in excess amount as outstanding towards the loan taken by the complainant from them. It has also been prayed that his name be also removed from the defaulter list of CIBIL Authority.
8.     Perusal of page No.14 of the paper book Annexure C-3, reveals that the complainant paid an amount of Rs.8289/- as cash to finish the liability of the loan due against the complainant in the entire loan account on 22.07.2021. Thereafter, on 03.08.2021 the complainant wrote an email Annexure C-4 to the OPs that final payment has been made and requested the OPs not to send any message again otherwise he file a case against them. Vide Annexure C-6, the complainant sought NOC after the completion of the loan liability. But repeated requests of the complainant did not yield any positive results. To the height of arrogant attitude of the OPs, the complainant again received a due demand notice from OPs on 31.10.2021 that still amount of Rs.1666/- is outstanding which again under protest was paid by the complainant vide Annexure C-12. Hence, the present complaint is filed by the complainant after getting immense frustration from OPs due to the wrong record keeping of the OPs. Even the CIBIL score of the complainant has been destroyed and he is unable to take loan from any other company.
9.     Through its written statement during the pendency of the case, the OPs have stated that they shall close the account, if the complainant will pay another amount of Rs.998/- as the pending subscription fee.
10.     We are of the considered opinion, when the complainant paid the whole amount of Rs.8299/- as full and final settlement on 22.07.2021 and requested for the issuance of the NOC then what was the need for the OPs to sent another notice of Rs.1666/- and even now the OPs are showing pending amount of Rs.998/- towards the subscription fee. We opine that the fact of asking payment of Rs.1666/- even after receiving the total payable amount is itself illegal demand by the OPs. Even the issue of subscription fee has been never raised before. Further the disputed loan is online and OPs allure its gullible consumers that these are interest free loans. When the complainant has paid the entire outstanding loan amount then there is no question of non-issuing of the NOC to the complainant. Hence, the act of OPs for non-issuing the NOC despite receiving the final payable amount and thereafter forcing the complainant to indulge in the present unnecessary litigation proves deficiency in service and their indulgence in unfair trade practice.
11.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under :-

1. To refund amount of ₹1666/- to the complainant alongwith interest @ 9% per annum from the date of filing of this complaint onwards.
2. to pay an amount of ₹3500/- to the complainant as compensation for causing mental agony and harassment to him.
3. to pay ₹3500/- to the complainant as costs of litigation.

12.     This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
13.     Pending miscellaneous application, if any, also stands disposed of.
14.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

			Sd/-
20/12/2023			[Pawanjit Singh]
Ls			President
			Sd/-
			[Surjeet Kaur]
			Member