For the Complainant                       -  Mr. Debesh Halder, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application U/s 12 of the C.P. Act, 1986.

The fact of the case, in brief; is that complainant applied for loan of Rs.2,00,000/- to the OP Indiabulls Consumer Finance Limited and the OP  sanctioned Rs.1,92,244/-. Such amount was credited to his Bank Account being No. 20106715579.  The EMIs of the loan amount was Rs.8,059/- and the tenure of repayment of loan was 24 months. Complainant paid 10 EMIs of Rs.8,059/- each to the OP.  During pendency of loan account, the representative of OP came to the residence of the complainant and suggested him to settle the total outstanding amount  at a time by paying Rs.1,00,000/-. Ultimately, loan was settled at
Rs.72,000/- and the complainant  paid the entire settlement amount in cash to the OP against Receipt No. 1790481 (Sr. No.1799431, Book No. 179944) dated 28.09.2019.

Further case of the complainant is that on liquidation of entire loan amount, the representative of OP again claimed the outstanding dues, in default, legal action will be initiated against him. The claim of the OP is unjustified and unethical. The acts of the OP is tantamount to unfair trade practice and hence, the consumer case.

OP despite service of notice of the complaint failed to file Written Version within the limitation period provided U/s 13 (2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing W/V was made. Therefore, right of the OP to file W/V was closed vide Order No. 05. dated 03.02.2020.

Decision with Reasons

Complainant Md. Allauddin has filed his evidence by way of affidavit in support of  the allegations made in the complaint.

Ld. Advocate for the complainant has taken us through the consumer complaint as also the evidence adduced in support of the complaint. On perusal of the Statement of Accounts against Account No. 20106715579 issued by Allahabad Bank, Chittaranjan Avenue Branch, Kolkata goes to show that the OP credited Rs.1,92,244/- in the Bank Account of the complainant  on 05.10.2018. It is also clear from the photocopies of Money Receipts  that complainant had paid Seven EMIs of Rs.8,059/- each against loan account. Thus, complainant has paid total amount of Rs.56,413/- to the OP as EMIs. On perusal of photocopy of collection receipt bearing No. 1799481 dated 28.09.2019,  it is clear that the complainant had paid Rs.72,000/- to the OP at a time. Complainant failed to produce  any document to establish that the loan amount was settled at Rs.72,000/-. It is true that the OP disbursed Rs. 1,92,244/- to the Bank A/c of the complainant and the complainant paid Rs.1,28,413/- to the OP out of loan amount. Thus, it is crystal clear there is still dues of Rs.63,831/-. Therefore, we do not find any deficiency in service and / or unfair trade practice on the part of the OP for claiming further dues of loan. Thus, the complainant is not entitled to get any relief as prayed for.

In the result, the case merit fails.

Hence,

Ordered

            That the consumer case be and the same is dismissed ex parte against the OP but without any cost.