BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 83 of 2018
Date of Institution : 08.03.2018
Date of Decision : 31.10.2018.
Pawan Kumar, aged 43 years, son of Shri Maan Singh, resident of Near Balmiki Mandir, Gaushala Road, Noharia Gate, Sirsa, Tehsil and District Sirsa.
……Complainant.
Versus.
- Fullerton India Credit Co. Ltd., Opp. Shakti Motors, Dabwali Road, Sirsa, through its Manager.
- Fullerton India Credit Co. Ltd., Supreme IT Park, 5th & 6th Floor, B-Wing, Behind Lake Castle, Hiranandani Gardens, Powai, Mumbai- 400 076, through its Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SH. R.L.AHUJA…………………………PRESIDENT
SH. ISSAM SINGH SAGWAL …… MEMBER.
Present: Sh. JBL Garg, Advocate for the complainant.
Opposite parties exparte.
ORDER
The case of the complainant in brief is that on 4.2.2016, complainant raised a loan of Rs.2.50 lacs from opposite party no.1 but however complainant was disbursed a sum of Rs.2.33 lacs only after deducting the first installment and other ancillary charges. At the time of sanctioning and disbursement of above loan amount, the complainant was told that remaining of said loan amount will be paid in 48 monthly installments of Rs.7500/-. But as soon as the complainant was disbursed the said loan amount and he utilized the same for the purpose applied for, the complainant was required by the ops to pay the remaining loan amount in monthly installments of Rs.9527/-. That due to such act and conduct on the part of ops, the complainant felt disappointment and thus he visited the op no.1 and offered to repay the entire loan amount in lump sum but op no.1 refused for the same by saying that the complainant will have to deposit installments for a period of one year and thereafter complainant can deposit the remaining loan amount in lump sum. Thus, under such forceful manner, the complainant disappointedly started making payment of remaining loan amount in monthly installments of Rs.9527/- and so far he deposited 16 installments. It is further averred that after deposit of 16 installments, the complainant again visited the op no.1 and requested for accepting the remaining amount in lump sum by applying the simple interest on the same, but op no.1 refused to accept the same and openly declared that the complainant will have to repay the remaining amount in installments of Rs.9527/-. It is further averred that constrained with the above act and attitude of the op, the complainant had earlier filed a consumer complaint before this Forum, however, due to some technical defect the complainant withdrew the same and sought liberty to file fresh complaint. It is further averred that during the pendency of earlier complaint, the complainant had deposited a sum of Rs.1,90,000/- with the ops on 31.7.2017, which was in excess to the amount actually due against him. Besides it, the ops in an illegal and unlawful manner also deducted a sum of Rs.9527/- from the salary account of complainant in February, 2018 whereas this amount was not payable by complainant as the ops had already got deposited excess amount from complainant on 31.7.2017. So, the complainant is entitled to get refund of excess amount charged by ops alongwith interest thereon at the rate of 12% per annum from the date of deposit till realization. It is further averred that although the ops have got deposited the excess amount from the complainant as detailed above, yet they are not issuing No Due Certificate to the complainant despite repeated requests and demands made by the complainant. The ops are still threatening to effect the recovery of more amount from complainant whereas they have no legal and valid right to do so. The act and conduct of the ops amounts to unfair trade practice and gross deficiency in service towards the complainant and they have caused unnecessary harassment, hardship and mental tension to the complainant. Hence, this complaint.
2. Notice of the complaint was issued to the opposite parties but they did not appear and thus they were proceeded against exparte.
3. The complainant produced his affidavit Ex.C1, copy of repayment schedule Ex.C2, copy of account statement Ex.C3, copy of cheque Ex.C4 and copies of payment acknowledgements Ex.C5 and Ex.C6.
4. We have heard learned counsel for the complainant and have perused the case file carefully.
5. The complainant in order to prove his complaint has furnished his affidavit Ex.C1 and documents Ex.C2 to Ex.C6. The opposite parties did not come forward to contest the present complaint and opted to be proceeded against exparte. The evidence led by complainant goes as unchallenged and unrebutted. The perusal of the complaint reveals that complainant has filed this complaint with the averments that he raised loan of Rs.2,50,000/- but however, a sum of Rs.2,33,000/- was disbursed to the complainant and he was asked to repay loan amount in monthly installments of Rs.7500/- each but after receiving repayment schedule, it was found that repayment of the loan is to be made in monthly installments of Rs.9527/- Ld. counsel for complainant has contended that complainant was to repay the loan amount with interest up to 4.2.2020 in 48 monthly installments of Rs.9527/- but complainant has already paid Rs.3,51,968/- against loan amount of Rs.2,33,000/- and made prayer for foreclosure of the loan but ops are not giving any heed to the requests of the complainant. The perusal of the evidence of the complainant reveals that complainant has specifically deposed qua loan amount and installments and he has also deposed that he has made payment of Rs.1,90,000/- in lump sum as foreclosure of loan on 31.7.2017 but despite that the ops have not issued clearance certificate which clearly amounts to deficiency in service on the part of ops.
6. In view of the above, we allow this complaint and direct the opposite parties to overhaul the account of the complainant in his presence after serving at least seven days prior notice and thereafter settle the account of the complainant as per terms and conditions of the loan agreement executed, if any between the parties and issue no due certificate if no amount is due against the complainant. We also direct the ops to pay a sum of Rs.5000/- as composite compensation and litigation expenses to the complainant. The ops are liable to comply with this order within a period of 30 days from the date of receipt of copy of this order. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. President,
Dated:31.10.2018. Member District Consumer Disputes
Redressal Forum, Sirsa.
