Punjab

Ludhiana

CC/19/407

Pawan Mahajan - Complainant(s)

Versus

Fullerton India Credit co.Ltd. - Opp.Party(s)

Mandeep Madan Adv.

09 May 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:407 dated 27.08.2019.                                                         Date of decision: 09.05.2022. 

 

1. Pawan Mahajan aged 42 years son of Sh. Prem Kumar,
2. Shally Mahajan wife of Sh. Pawan Mahajan, both R/o. House No.32, Silver Kunj Colony (Prime), Ludhiana. Mobile No.97808-13765.                                                                                    ..…Complainants

                                                Versus

1. Fullerton India Credit Company Limited, 5^th Floor, Fortune Arcade, S.C.O. 16-17, Feroze Gandhi Market, Ludhiana-141001 through its concerned Branch Manager/Authorized person.
2. Fullerton India Credit Company Limited, 3^rd Floor, #307, Venket Tower, PH Road, Madurravoyal, Chennai, Tamilnadu-600095 through its Authorized person.                                                                                                                                                          …..Opposite parties 

          Complaint Under Section 12 of the Consumer Protection Act.

QUORUM:

SH. K.K. KAREER, PRESIDENT

SH. JASWINDER SINGH, MEMBER

COUNSEL FOR THE PARTIES:

For complainants            :         None.

For OPs                         :         Sh. Ashok Kumar, Advocate.

 

ORDER

PER K.K. KAREER, PRESIDENT

1.                Briefly stated, the case of the complainants is that they availed personal loan from the OPs in the year 2010. The complainants have already cleared the loan amount as on 30.11.2011 and the OPs have issued settlement letter regarding clearance of the loan by the complainants. In the month of May 2019, complainant No.1 and 2 approached certain banks for a loan but they were shocked to see that their names were reflected in CIBIL. On enquiry, they came to know that a sum of Rs.1783/- against complainant No.1 and a sum of Rs.42,081/- against complainant No.2 was outstanding. The complainants approached the OPs and requested them to clear their names from the CIBIL but to no avail. Instead the OPs started forcing the complainants to pay the outstanding amount as shown in the CIBIL. Eventually, the OPs through email  demanded a sum of Rs.23,091/- as lump sum against their liability. This amounts to deficiency of service on the part of the OPs. In the end, it has been requested that the OPs be directed to clear the names of the complainants from the CIBIL immediately.   

2.                The complaint has been resisted by the OPs. In the written statement filed on behalf of the OPs, it has been, inter alia, pleaded that the present complaint is nothing but an abuse of process of law and the same is liable to be dismissed. According to the OPs, the complainants had availed loan facilities from the OPs for a sum of Rs.1,75,000/- vide loan agreement No.0067250030240. The said loan was repayable in 48 equated monthly installments of Rs.6250/- each. As per the loan account statement the loan amount was repaid by the complainant but their several cheques were also dishonoured. It is a policy of MNC that if any customer commits default, the report of the same sent to the CIBIL automatically. Though the complainants settled the loan amount but they did not pay the entire amount pending against them and for removal of their names from the CIBIL, the complainants are required to pay the entire loan amount pending against them including all  charges. Subsequently, the complainants entered into a compromise with the Ops and as per the settlement, the complainants have to pay a sum of Rs.19,500/- to the OPs in two installments of Rs.10,000/- and Rs.9,500/- on 29.10.2011 and 29.11.2011 respectively. The complainants have failed to make the payment as per the schedule of settlement. They paid Rs.10,000/- on 31.10.2011 and Rs.9,500/- on 30.11.2011. After the settlement the CIBIL/bureau update as ‘Post write off-settled’ and the loan was closed in the record of the company but there are over dues by virtue of settlement and in case the complainants want to change  the record of CIBIL from ‘post write-off settled to closed’, they are required to pay a sum of Rs.32,057.88. The rest of the averments made in the complaint have been denied as wrong and in the end, a prayer for dismissal of the complaint has been made.

3.                In this case, the complainants have not been appearing since 14.09.2021 nor any affidavit or documents have been formally tendered into evidence on behalf of the complainants.

4.                We have heard the counsel for the OPs and gone through the record and we proceed to decide the case on merits.

5.                No evidence has been led to substantiate the allegations made in the complaint and in the absence thereof, the claim made by the complainants cannot be said to have been proved on record. Therefore, the complaint is liable to fail on this ground alone.

6.              As a result of the above discussion, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

7.                Due to rush of work and spread of COVID-19, the case could not be decided within statutory period.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:09.05.2022.

Gobind Ram.

Pawan Mahajan Vs Fullerton India Credit                      CC/19/407

Present:       None for the complainants.

                   Sh. Ashok Kumar, Advocate for the OPs.

                  

                   None turned up for the complainant today also. None has been appearing on behalf of the complainant since 14.09.2021.

                   Arguments on behalf of the counsel for the OPs heard. Vide separate detailed order of today, the complaint fails and the same is hereby dismissed. However, there shall be no order as to costs. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

 

                             (Jaswinder Singh)                            (K.K. Kareer)

                    Member                                           President

 

Announced in Open Commission.

Dated:09.05.2022.

Gobind Ram.