1. The brief fact of the case of complainant is that he availed one finance from the O.P. for Rs. 1,99,000/- vide loan account no. 97ARPLFS661003 on 23.01.2020 with EMI of Rs. 8,969/- @ 17% p.a. interest for 36 months and deposited the same accordingly without any default.  The allegations of complainant is that during the pandemic situation of COVID-19, without his knowledge, the O.P. has closed the said account and reopened a new account vide account no. 97AFRPFZ952202 for Rs. 1,89,774/- fixing the tenure of 60 months with an installment of Rs. 4,574/- and being an illiterate, he could not know the change of his account whereas he was depositing the installment as usual.  Further it is alleged that in the month of January, 2022 while he demanded the statement of account against his loan, surprisingly, the O.P. handed over the statement mentioning outstanding of Rs. 3,23,972/- to be paid by him whereas he has already paid more than an amount of Rs. 1,70,711/- as on 25.10.2021 to the O.P. wherein the said statement shows the interest rate was increased from 17% to 34.7% and in the month of February the O.P. handed over another statement mentioning outstanding of Rs. 1,73,175.56.Since finding no proper response, he filed this case claiming to supply proper statement of account, to pay Rs. 7,00,000/- and Rs. 50,000/- towards compensation and costs.

2. On the other hand, the O.P. though received the notice from this Commission, did not choose to appear in this case nor filed their counter version nor also participated in the hearing, as such we lost every opportunities to hear from them and the allegations of complainant remained unchallenged and unrebuttal.

3. Complainant filed several documents to prove his case.  Heard from the complainant at length.  Perused the case record and materials available therein. 

4. It is an evidentiary fact that the complainant has availed finance from the O.P. for Rs. 1,99,000/- vide loan account no. 97ARPLFS661003 on 23.01.2020 with EMI of Rs. 8,969/- @ 17% p.a. interest for 36 months.  Complainant filed document to that effect.  The allegations of complainant is that he was depositing the EMIs accordingly without any default even in the period of pandemic situation of COVID-19.  Further alleged that without his knowledge, the O.P. has closed the said account and reopened a new account vide account no. 97AFRPFZ952202 for Rs. 1,89,774/- fixing the tenure of 60 months with an installment of Rs. 4,574/-.  Complainant also filed document to that effect.  It is also alleged that on two different subsequent month, the O.P. handed over two different statement of account showing the different outstanding i.e Rs. 3,23,972/- and another for Rs. 1,73,175.56.  Complainant also filed document to that effect.

5. We have verified the documents and found that the complainant originally availed the finance Rs. 1,99,000/- vide loan account no. 97ARPLFS661003 on 23.01.2020 with EMI of Rs. 8,969/- @ 17% p.a. interest for 36 months and deposited the same accordingly and as on 07.06.2020 the credit balance was Rs. 1,86,474/- which is also reflected in the statement of account supplied by the O.P.It is also found that during the COVID period as on 07.06.2020, the said account was closed by the O.P. and another new loan account was opened vide loan account no. 97AFRPFZ952202 for Rs. 1,89,774/- fixing the tenure of 60 months with an installment of Rs. 4,574/-.Since the O.P. is totally absent in the proceeding, it is not understood that why and how the O.P. has closed the first loan account and opened another account in the name of complainant and that too without his knowledge and consent. Hence we accepted t he versions of complainant on the basis of verdict of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein Hon’ble National Commission has held that “Unrebutted averments shall be deemed to be admitted.”

6. Further it is observed that complainant has deposited almost all of his EMIs @ Rs. 8,969/- on the basis of his loan account no. 97ARPLFS661003 instead of the another loan account i.e. 97AFRPFZ952202 @ Rs. 4,574/- which were also received by the O.P. as per their statement reveals.  It is also found that as on 07.06.2020 the balance was Rs. 1,86,474/- and as on the date of filing of the present case i.e. 24.02.2022 complainant has already deposited total amount of Rs.1,44,286/- on different dates, which is also reflected in the statement of account supplied by the O.P.  It is also observed that complainant also filed one statement of account supplied by the O.P. wherein it is reflected that complainant has already deposited an amount of Rs. 66,267/-.  In total complainant has deposited Rs. 2,10,553/- (Rs. 1,44,286/- + Rs. 66,267/-) out of total credit balance of Rs. 1,86,474/- (as on 07.06.2020), which is excess payment of Rs. 24,079/- made by the complainant.   

7. Further it is well known to all the during COVID period, the Central Govt. as well as the RBI has provided relaxation to some extent to the lonees with a condition that the financier would not pressure any such person during the COVID period, but it has not been announced either Govt or RBI to close a running account so motto and to open another account without knowledge of a customer.  Hence we think the O.P. has also violated the guidelines made by the Central Govt and RBI during such pandemic period. 
    
8. We feel had the O.P. supplied proper statement of account to the complainant as per his demand, than the complainant would not have deposited such excess amount.   Hence in our view, non supply of proper statement of account, closing of loan account and opening of new account without knowledge of complainant, is a grave deficiency of service on the part of the O.P. and such act of O.P. definitely put the complainant severe pressure mentally and financial loss, which compelled the complainant to knock the door of this Commission.  Hence this order.

                                                                                                                         ORDER

The complaint petition is allowed in part.  The O.P. is herewith directed to refund the excess received amount of Rs. 24,079/- to the complainant alongwith Rs. 50,000/- towards compensation for causing mental agony, financial loss and physical harassment and also to pay Rs. 10,000/- towards costs of litigation within 45 days from the date of receipt of this order.  Further the O.P. is herewith directed to close the loan account no. 97AFRPFZ952202.  All the direction should be complied within the specified time, failing which the excess amount of Rs. 24,079/- shall carry interest @ 10% p.a. from the date of this order till payment.

Pronounced the order in the open Court on this the 30^th day of August, 2022.  Issue free copy to the parties concerned.