ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite parties to return Rs.13,520/- and Rs.1,00,000/- towards compensation on account of mental agony under phiorlsysosis and loss of earning suffered by the complainant”.
The brief fact of the case is that, the complainant availed a loan an amount Rs.52,000/- from the opposite party No.2 through the opposite party No.1 on 20.01.2018, and at the time of loan complainant had down payment deposited in cash an amount of Rs.40,000/- and given 5 numbers of signed cheque to opposite party No.1 for purchased a bike which cost of Rs.89,000/- at that time of loan. Rest of amount was availed Rs.49,000/- after payment of down towards the said bike through opposite party No.1. The opposite party No.1 demanded an amount Rs.52,000/- for the loan against complainant fixed installment in 24 numbers an amount of Rs.2,730/- from 5th January 2018 till final of the installment. Unfortunately the opposite party No.1 knowingly to collect the installment amount on 01.8.2018 from his account and further forcibly took away Rs.2,730/- on 06.8.2018 and again on 05.9.2018 recovered another installment. The opposite party No.1 already had been collected the total installment amount from the complainant on 17.12.2019, but complainant had been paid the excess and over dues interest amount Rs.13,520/-. In spite of excess amount had received from the complainant the opposite party No.1 had been issued a demand letter on 31.3.2022 for over dues amount Rs.22,223/-.
The opposite parties filed written version stating as under;
As per approached by complainant and availing the documents opposite parties consideration thereof agreed to finance an amount of Rs.52,000/- to the complainant by way of a duly executed hypothecation agreement on 25.11.2017. As per agreement the complainant has to pay interest for an amount of Rs.13,520/- against finance amount. Accordingly the complainant had to pay the total agreement value of Rs.65,520/- and finance amount was to be repaid in 24 monthly installments @ Rs.2,730/- from 05.01.2018 to 15.12.2019. The complainant made a breach of contract by not adhering to the terms and conditions as agreed upon said loan agreement as agreed and made delay by not repaying the installments on the due dates in each month. Many times the auto debit is bounced due to ‘insufficient of funds’ in his account. There after 15 numbers of auto debits are bounced due to insufficient of funds in his account. So the complainant is a regular defaulter. As on September, 2022 the total outstanding of Rs.23,913/- is pending against the complaint as per statement of account.
The opposite parties have raised objection regarding territorial jurisdiction which is not tenable in the eyes of law in view of section 34 (2) (d) which stipulates that;
“The complainant resides or personally works for gain.”
As such this Commission empowered to adjudicate the matter on merit.
The next objection of opposite parties is that the complainant is a regular defaulter for which OD charges has been imposed and there is total outstanding due of Rs.23,913/- till Sept.2022. Taking into consideration the fact and circumstances of the case of both parties we direct the opposite parties to consider the grievance and deduct the OD charges as much as possible minimum more than 60% OD charges and settle the matter and not to harass the complainant. The complainant is also directed to pay his regular EMI and rest due amount is to be paid in three installments within the agreement period. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.
