Punjab

Patiala

CC/16/8

Darshan Singh - Complainant(s)

Versus

Fullerton India credit - Opp.Party(s)

Sh Surinder Gehra

24 Aug 2016

ORDER

District Consumer Disputes Redressal Forum,Patiala
Patiala
 
Complaint Case No. CC/16/8
 
1. Darshan Singh
s/o Gama Singh r/o No.212 Street No.3 P.O. Bahadurgarh peer colony Bahadaurgarh patiala
patiala
punjab
...........Complainant(s)
Versus
1. Fullerton India credit
company ltd scoNo.139 ground floor chhotti baradari patiala 147001 through its branch Manager
patiala
punjab
2. 2. Jaswinder Singh Dhillon
sales manager NB fullerton india credit company ltd sco No.139 ground Floor chhotti baradari patiala 147001
patiala
punjab
............Opp.Party(s)
 
BEFORE: 
  Smt. Neena Sandhu PRESIDENT
  Neelam Gupta Member
 
For the Complainant:Sh Surinder Gehra, Advocate
For the Opp. Party:
Dated : 24 Aug 2016
Final Order / Judgement

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                      Consumer Complaint No.8 of 13.1.2016

                                      Decided on:                              24.8.2016

 

Darshan Singh S/o Gama Singh R/o H. No. 212, Street No.3, P. O. Bahadurgarh, Peer Colony, Bahadurgarh, Patiala.

 

                                                                   …………...Complainant

                                      Versus

1.      Fullerton India Credit Company Limited SCO No.139, Ground Floor, Chhotti Baradari, Patiala-147001 through its Branch Manager.

2.      Jaswinder Singh Dhillon (Sales Manager-NB) Fullerton India Credit Company Limited SCO No.139, Ground Floor, Chhoti Baradari

 

                                                                   …………Opposite Parties

 

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

 

QUORUM

                                      Smt. Neena Sandhu, President

                                      Smt. Neelam Gupta, Member                                    

                                                                            

ARGUED BY:

                                       

                                      Sh.Surinder Gera,Adv. counsel for the

                                    complainant.

                                      O.Ps. ex-parte.

                                     

 ORDER

                                    SMT.NEENA SANDHU, PRESIDENT

                 Sh.Darshan Singh  has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Parties (hereinafter referred to as the O.Ps.) praying for the following reliefs:-

  1. To provide sanction letter & detail of personal loan to him
  2. To withdraw the IHO Membership cards
  3. To pay compensation to the tune of Rs.10,00,000/- for mental agony and harassment   

 

 

2.                In brief, the case of the complainant is that Sh. Jaswinder Singh Dhillon (Sales Manager-NB) i.e. O.P.No.2 approached him on behalf of Fullerton India Credit Company Limited, i.e. O.P. No.1  and  allured to avail personal loan, having assured him that interest @ 15½ % per annum  would be charged on personal loan of Rs.1,00,000/- and there will be no hidden charges and full loan amount would be disbursed to him. At this he agreed to avail personal loan of Rs.1,00,000/-, but to his utter surprise  the O.Ps. financed an amount of Rs.96835/-. Not only this , the O.Ps. transferred only  Rs.85638/- as loan amount  in his account. On enquiry the O.Ps. did not give any satisfactory answer to him. He also demanded sanction letter and detail of other deductions but the O.Ps. did not provide the same. After one month of the  disbursal  of the amount, he received membership cards issued by Indian Health Organization to facilitate medical facility to him and his family.. In the month of August, he was provided account statement from where, it came to his knowledge that the O.Ps. not even disbursed less loan amount but also insured him without taking his consent and charged the amount for the same. It is worth mention that  he was already insured by the company with which he was working  vide No.EMP 1. D. R140502 PHS ID Pat 21274167 FMGL.The statement of account shows that the O.Ps have deducted some hidden charges such as IHO membership fee and insurance premium and other charges which were not disclosed at the time of availing the loan and he never gave any consent in this regard. The O.Ps instead of charging interest @ 15.5% p.a. are charging the same @ 28% per annum, which is illegal, unilateral and against the guidelines of R.B.I. as even after paying of six installments to the tune of Rs.3375/- there is still pending an amount of Rs.97,700/- towards him. The O.Ps. also got signed from him some blank printed forms and cheques at the time of advancing the loan, which he apprehended to be used against him. Thus, they are deficient in providing service and also indulged in unfair trade practice. Due to the said act of the O.Ps. he has suffered monetarily, mentally and physically.  Hence this complaint.

3.      The O.Ps. despite service through ordinary process, have failed to come present to contest the case and were accordingly proceeded against exparte on 14.3.2016.

4.      In the exparte evidence, the complainant tendered in evidence Ex.CA, his sworn affidavit, Ex.C1 copy of visiting card of Jaswinder Singh Dhillon, Ex.C2 copy of transaction Inquiry, Ex.C3 to C6 copies of membership cards, Ex.C7 copy of detailed terms and conditions for IHO Health Care Package, Ex.C8 copy of letter from Fullerton India, Ex.C9 to Ex.C12 copies of Membership cards, Ex.C13 copy of letter dated 7.8.2015, Ex.C14 copy of account statement, Ex.C15 copy of legal notice, Exs.C16 & C17copies  of postal receipts and closed the evidence.

5.                We have heard the learned counsel for the complainant and gone through the written arguments filed by the complainant and also gone through the record of the case carefully.

6.                The complainant has contended that on the asking of O.P.No.2 i.e. the Sales Manager of O.P. No.1, he agreed to avail personal loan of Rs. One lac, for which he had to pay interest @ 15 ½ % per annum. However, the O.P. No.1 financed him an amount of Rs.96,835/- instead of Rs.1,00,000/- and on 28.2.2015, credited Rs.85,600/- only and they are charging rate of interest @ 28% per annum instead of @ 15 ½ % per annum as agreed upon. Inspite of several requests, the O.Ps. did not issue him sanction letter. Not only this, the O.Ps. without taking his consent had issued IHO Membership card to him and his family and got him insured. The said act of the O.Ps. amounts to deficiency in service but it shows that the O.Ps. indulged into unfair trade practice.

                   The O.Ps. instead of controverting the contention of the complainant have preferred not to appear before this Forum and accordingly, the O.Ps. were proceeded against ex-parte. As such, we have no option except to believe the contention of the complainant.

                   From the perusal of account statement, Ex.C14, it is evident that the O.Ps. have sanctioned the personal loan of Rs.96,835/- to the complainant and after deducting Rs.100/- as stamp fee, Rs.5515/- as document fee inclusive of tax, Rs.3600/- insurance premium, Rs.1685/- as IHO Membership fee and Rs.297/- as advanced interest received have disbursed Rs.85,638/- only on 28.2.2015 . From the document Ex.C5, it is evident that a Membership card was issued to the complainant and his family by the Indian Health Organization for availing IHO Health Care Package. As per the contention of the complainant he never gave any consent to the O.Ps. to get any insurance policy or IHO Membership Card. The said contention has gone un rebutted. Thus there was no occasion to deduct Rs.3600/- as insurance premium and Rs.1685/- as IHO Membership fee. As such, complainant is entitled to get the said amount alongwith interest @ 15 ½ % per annum i.e. the rate of interest being charged by the O.Ps. from the complainant on the loan amount. Complainant is also entitled to get sanction letter from the O.Ps. In the absence of any documentary proof , this contention of the complainant that the O.Ps. are charging interest @28% per annum on the loan amount instead of @ 15½% per annum is not sustainable. It may be stated that the complainant has taken the loan from O.P.No.1 and O.P.No.2 , who being sales manager of O.P.No.1, has acted for an on behalf of O.P. No.1, only, which is responsible for the act and conduct of O.P. No.2 and is liable to compensate the complainant for the loss suffered by him. Consequently, the complaint filed against O.P. no.2 is dismissed and is partly allowed the same against O.P.No.1, who is directed  with the following manner:

  1. To pay Rs.5285/- alongwith interest @ 15 ½% from 28.2.2015 i.e. the date of sanction of the loan till its realization.
  2. To issue sanction letter to the complainant.
  3. To pay Rs.5000/- as litigation expenses.

                   The O.P. No.1 is further directed to comply with the aforesaid directions within 30 days from the date of receipt of certified copy of this order. The complainant is also directed to submit IHO Membership Card with O.P.No.1 on making compliance of the order by it.

Dated: 24.8.2016.

 

                                                                   NEENA SANDHU

                                                                             President

 

 

                                                                   NEELAM GUPTA

                                                                             Member

 

 
 
[ Smt. Neena Sandhu]
PRESIDENT
 
[ Neelam Gupta]
Member

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