West Bengal

Siliguri

CC/26/2022

SANJAY SAHANI - Complainant(s)

Versus

INDIABULLS CONSUMER FINANCE LTD. - Opp.Party(s)

KAUSIK CHATTERJEE

26 Apr 2022

ORDER

Complainant files Hazira through his Ld. Counsel.

 

Today has been fixed for admission hearing of the complaint.

 

The President is present through online hearing. Heard submissions of Ld. Counsel of the complainant. Considered.

 

It appears allegations of deficiency in service and unfair trade practice have been alleged against the opposite parties.

 

As it appears the complainant has availed loan facility with the opposite parties for personal loan of Rs. 5,02,986/- as per agreement dated 08.06.2019 for total 57 installment EMI payment with conditions and EMI as fixed was Rs.14,255/-. Thereafter as alleged the complainant paid installments   up to 26.09.2021 and on 28.09.2021 offered the opposite parties foreclose of loan account. Thereafter O.Ps issued foreclosure letter dated 10.08.2021 to complainant. Here appears date of offer for foreclosure  and foreclosure letter date are mismatching. Fur as alleged the complainant arranged Demand Draft on 10.08.2021 and submitted to O.P on 11.08.2021 but O.Ps refused and asked the complainant to pay through NEFT mode only but complainant has not filed any copy of alleged demand draft. Thereafter complainant did it on 28.09.2021 to pay Rs.3,84,540.18 which is passing of near about on month. On that day complainant was asked to pay Rs.4,270/- as tenure of proposal latter has crossed one month. Thereafter O.Ps. did not close loan account rather asked the complainant to pay further sum of Rs.20,571.92/- which is illegal.

 

It appears from the annexure of foreclosure letter dated 10.08.2021 that the date of foreclosure will be 31.08.2021 and after that interest at the rate of Rs.162.92 will be charged per day. Fund realization to be made in account on or before 31.08.2021. Further if the loan foreclosure is initiated after 15^th day of the month, subsequent month’s EMI may be presented.

 

So, on perusal of the offer of foreclosure of loan these conditions were within knowledge of the complainant when he has accepted it. As complainant has made payment after 31.08.2021 then conditions imposed should be followed by the complainant and if O.Ps claim interest  and next month EMI then this bench is of the view that  it can’t be said to be deficiency in service and/or unfair trade practice as alleged to attract the jurisdiction of this commission.

 

                             Hence, this consumer complaint is not admitted and rejected.