DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.

Complaint Case No : CC/33/2023

Date of Institution : 27.03.2023

Date of Decision : 11.10.2023

Veerawanti Devi alias Weera Want Rani wife of Rakesh Kumar alias Labhu Ram son of Late Jagan Nath resident of House No. B-3/453, JandaWala Road, Barnala.  …Complainant

Versus

1. Digamber Capphin Ltd. , 54-55. Anand Moti, Himmat Nagar, Gopalpura Tonk Road, Jaipur (Rajasthan) through its authorized signatory. 

2. The Branch Manager (Gurwinder Singh) Digamber Finance Ltd., Barnala (near Prem Eye Hospital). (Notice not issued).

…Opposite Parties. 

 

Complaint under the Consumer Protection Act

Present: Smt. Veerawanti Devi complainant in person.

Opposite party No. 1 exparte.

Quorum.-

1. Sh. Jot Naranjan Singh Gill : President

2. Smt. Urmila Kumari : Member

3. Sh. Navdeep Kumar Garg : Member

(ORDER BY URMILA KUMARI MEMBER):

    The complainant Veerawanti Devi filed the present complaint under the Consumer Protection Act against Digamber Capphin Limited and another.  (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that she has taken a loan of Rs. 35,000/- from the Barnala Branch of opposite parties and filled in the relevant documents. The complainant was supplied the installment deposit diary and first installment was to start from 4.2.2020. It is further alleged that the entire loan was to be returned in 26 equal installments of Rs. 1,770/- each  and complainant have been regularly paying the monthly installments of Rs. 1,770/- each and only three installments during the lock down could not be deposited in time as all the business had stand still and there was no income at all from any side. 

3. It is further alleged that on 6.12.2022 opposite party No. 2 the Branch Manager of Barnala Branch has given a note regarding payment of 26 installments but has shown interest pending. The government had instructed at that time of lock down that no interest for the lock down period will be imposed upon any one. So, the interest amount for the said period was exempted but opposite party No. 2 again shown interest pending against the complainant which is illegal and opposite parties are not entitled to recover the same. After payment of entire loan the complainant demanded the documents and NOC regarding the payment of the entire loan amount but opposite parties quarreled with the complainant and shows the interest amount towards the complainant and not return the documents submitted with the opposite parties. At the time of advancing the loan amount the opposite parties also got the signatures of the complainant on various documents including blank stamp papers and blank papers and also kept the Aadhaar Card, PAN card, voter card and photographs of the complainant with them and did not issue the NOC. The complainant requested the opposite parties many times to issue the NOC regarding the payment of loan amount and for the returning of the documents received from the complainant but the opposite parties putting of the matter on one pretext or the other which is deficiency in service and negligence on the part of the opposite parties.  Legal notice dated 9.12.2022 was also served upon the opposite parties but to no effect. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to issue the NOC regarding the return of loan amount and also to return the various documents including blank stamp papers and blank papers and also the Aadhaar Card, PAN Card, Voter card and photographs of the complainant. 

2) To pay Rs. 20,000/- on account of mental tension, agony and physical harassment. 

3) To pay Rs. 20,000/- as litigation expenses. 

4) Any other fit relief may also be given. 

4. The notice was only sent to the opposite party No. 1 vide order dated 3.4.2023 and  opposite party No. 1 not appeared before this Commission despite service through RC AD so the opposite party No. 1 was proceeded against exparte vide order dated 24.5.2023. 

5. In support of her case the complainant tendered into evidence copies of passbook Ex.C-1 and Ex.C-2, copy of legal notice Ex.C-3, postal receipts Ex.C-4 and Ex.C-5, affidavit of complainant Ex.C-6 and closed the evidence. 

6. We have heard the complainant in person and have gone through the record on the file. Written arguments also filed by the complainant. 

7. It is alleged by the complainant that she took a loan of Rs. 35,000/- from the opposite party Barnala Branch and filled the relevant documents. The entire loan was to be returned back in 26 equal installments of Rs. 1,770/- each. The complainant was supplied installment deposit diary. The first installment was paid on 4.2.2020 as shown in installment deposit diary Ex.C-1. At the time of advancing the loan amount the opposite party got signatures of the complainant on various documents including blank stamp papers, blank papers and also kept the Aadhaar card, PAN card, Voter card and photographs of the complainant. On 6.12.2022 the opposite party gave a note regarding the payment of 26th installment and has shown the interest pending as per Ex.C-1. The complainant requested the opposite party to issue NOC regarding the return of the loan amount and to return the various documents but the opposite party failed to supply the same to the complainant. 

8. On the other hand, opposite party No. 1 has not appeared and filed any written version before this Commission and preferred to remain exparte. However, on scrutinizing the record submitted by the complainant Ex.C-1 and Ex.C-2 it has been observed that the complainant failed to pay total eight installments in time (April, May, December 2020, March, April 2021 and January, July, August 2022). The installments were to be completed by March 2022 but the last installment was paid in December 2022. So, the interest of delayed eight payments is pending against the complainant.    

9. As a result of above discussion, present complaint is partly allowed and opposite party No. 1 is directed to issue NOC regarding the return of loan amount to the complainant after receiving the pending interest from the complainant. The opposite party No. 1 is also directed to return various documents if any are lying with opposite party No. 1 to the complainant as alleged by the complainant in the present complaint. Compliance of the order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance. 

ANNOUNCED IN THE OPEN COMMISSION:

        11th Day of October 2023

 

 

            (Jot Naranjan Singh Gill)

            President

              

(Urmila Kumari)

Member

 

(Navdeep Kumar Garg)

Member