Punjab

Faridkot

CC/20/86

Harish Jain - Complainant(s)

Versus

Indiabulls Consumer Finance - Opp.Party(s)

Harish Jain

28 Mar 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FARIDKOT

C.C. No. :                 86 of 2020

Date of Institution:    08.06.2020

Date of Decision :     28.03.2023

 

Harish Jain aged about 28 years son of Ved Parkash Jain r/o Ward No.19, Near Radha Krishan Mandir, Surgapuri, Kotkapura, Tehsil Kotkapura, District Faridkot.                                                                                                                                                                                                                                                                                                                                                              

.......Complainant

Versus

1. The Managing Director, Indiabulls Consumer Finance Ltd. A. S. F. Towers, Plot No. 249 D & E, Tower-A, Udyog Vihar, Phase IV, Gurugram-122016 (Haryana).
2. The Corporate Officer, Indiabulls Consumer Finance Ltd., Tower 01, 9^th Floor, Senapati Bapat Marg, Elphinstone Road, Mumbai-400013 (Maharashtra).
3. The Manager, having its Indiabulls Consumer Finance Ltd. Registered office M-62 & 63, 1^st Floor, Cannaught Place, New Delhi-110001.                                    

.......Opposite Parties

          Complaint under Section 12 of the

Consumer Protection Act, 1986.

(Now, Section 35 of the Consumer Protection Act, 2019)

 

Quorum:     Smt Priti Malhotra, President,

Smt Param Pal Kaur, Member,

                     Sh Vishav Kant Garg, Member.

 

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Present:      None for complainant,    

                  Sh Ashu Mittal, Ld Counsel for OPs. 

(ORDER) 

(Priti Malhotra, President)

                                 Complainant has filed the present complaint under Section 12 of the Consumer Protection Act, 1986 against OPs for deficiency in service and for seeking directions to OPs to refund the amount of Rs.8850/- with interest and for further directing OPs to pay the amount of Rs.50,000/-as compensation for mental agony and harassment and financial loss to complainant besides litigation expenses of Rs.10,000/-.

2                                              The brief facts of the present complaint are that complainant availed loan of Rs.22650/- against loan application no. IPERDEL07428710 of Rs.6720/-, IPERDEL06681630 of Rs.11,680/- and vide IPERDEL06694364 of Rs.4250/- respectively online from OPs and paid Rs.8888/-out of said loan and remaining amount left to be paid was Rs.13,762/-. Complainant has alleged that as per guidelines issued by Government of India, Equal Monthly instalment was not to be charged by OPs till August, 2020, but  by violating the instructions of government, OPs deliberately deducted Rs.590/-for fifteen times from the bank account of complainant on various dates and also deducted two EMIs of Rs.2016 and Rs.1160/- on 05.06.2020. Complainant requested OPs through e-mail dated 10.04.2020 to not to deduct any EMI during

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lockdown period, but OPs intentionally deducted EMIs from the account of complainant. It is alleged that OPs further insisted complainant to pay Rs.19,000/- and constrained him to deposit the EMI by making mobile calls to him. Complainant contacted OPs and made several requests to them to refund the amount of Rs.8850/-illegally debited by them from his bank account, but all in vain. All this act and conduct of OPs has caused huge harassment and mental agony to him. He has made prayer for directions to OPs to refund the amount of Rs.8850/-illegally debited by them from his account and has also prayed for compensation for harassment and mental agony suffered by him besides expenses incurred by him on present litigation. Hence, the present complaint.

3                                      The complaint was admitted after hearing and vide order dated 12.06.2020, notice was issued to Opposite Parties to appear in person or through representative to file reply to the complainant.

4                                         On receipt of notice, OPs appeared in the Commission through counsel and filed written statement wherein denied all the allegations of complainant being wrong and incorrect and prayed for dismissal of complaint with costs. It is specifically averred that no harassment and mental agony is caused to complainant. Alongwith reply, OPs have also moved an

 

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application seeking directions to complainant to place on record copy of e-mail dated 10.04.2020,  copy of bank account statement and affidavit of complainant.

5                                            Meanwhile, during the pendency of complaint, ld counsel for OPs placed on record three documents that are copies of No Due Certificate issued in the name of complainant wherein it is clearly mentioned that personal loans advanced in the name of Harish Jain/complainant against his loan account no.IPERDEL06694364 for loan amount of Rs.4250, loan account no. IPERDEL07428710 for amount of Rs.6720/- and loan granted against loan account no.IPERDEL06681630 for Rs.11680/- stands repaid and there are no dues left in the said accounts.

6                                     From the careful perusal of these documents, it becomes clear that complainant has cleared all the dues against his loan accounts and now nothing is left outstanding towards him.  Now, there remains no iota of doubt that complainant has made entire payments to clear the loans availed by him.

7                             It is observed that after filing the present complaint, complainant did not appear in this Commission to prove his allegations. Despite issuance of notices and several telephonic calls made to him, he did not bother to come present in this Commission. It is presumed that grievance of

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complainant might have been redressed and he is no more interested to continue with present complaint. Therefore, in these circumstances, complaint in hand stands hereby disposed of.

8                                           The complaint could not be decided within statutory period due to heavy pendency of cases.

9                                        Copy of the order be supplied to the parties free of costs. File be consigned to record room.

Announced in Commission

Dated : 28.03.2023

 

(Vishav Kant Garg)   (Param Pal Kaur)     (Priti Malhotra)

Member                     Member                    President