ORDERS:

Charanjit Singh, President;

1        The complainant has filed the present complaint by invoking the provisions of Consumer Protection Act under Section 34, 35, 36 and 38 of the Consumer Protection Act (herein after called   as 'the Act') against the opposite parties by alleging that the opposite party No. 1 is dealing in providing various types of loan and the opposite party No. 2 i.e. Ravinder Singh is employee/ clerk of the OP No. 1 and OP No. 3 i.e. Tarsem Singh is working as branch manager of the OP No. 1 and they used to deal with the customers for providing the above services. For the above purposes, the OP company has spread number of its agents to allure the common people for availing loan. The agents of the company including the OP No. 2 and 3 allured the complainant and gave him various offers for sanctioning of loan in their favour. They have further told that the company deals in transparent manner and no unnecessary costs, interest or penalties etc. will be imposed upon the loan amount. The complainant was attracted to the offers made by them and agreed to avail house loan and the OP no. 1 through its employees & the OP Nos. 2 and 3 have sanctioned the loan amount of Rs. 8,00,000/-  on dated 23.6.2018 vide loan account bearing No. TARAMTF1806230023, the interest was settled of Rs. 7,31,930/- and the monthly EMI was settled of Rs. 24,433/- and entire amount was fixed to be paid within 60 installments. After availing of the above said loan amount, the complainant used to pay all the installments in time to the OPs. No. 2 and 3. Even during the period of lockdown, the complainant has never broken the payment of installment and used to pay all the installments on time. In the year 2020, the Ops No. 2 and 3 have misguided the complainant and did not deposit the money of 5 installments in his loan account paid by the complainant to them and withheld the money of the complainant with them. As such, in the loan account statement of complainant, some defaults were shown in the payment of money. In the month of September 2021 the complainant came to know about the above fact from one of the employee of the company. The complainant immediately brought the above facts in to the knowledge of the other officials of the company and they have assured to redress the grievance of the complainant. Further on 24.9.2021, the complainant sent an e-mail to the grievance cell of the company and the higher officials of the company contacted the complainant and assured him to redress his grievance. On knowing the said fact, the O.Ps. NO. 2 and 3 deposited some amount but not in entire. Afterwards upon the several requests of the complainant, the O.Ps. have admitted their default and have rectified the accounts of the complainant and the higher officials have directed the O.Ps. No. 2 and 3 to pay one installment of Rs. 24,433/- immediately out of their pocket in the loan account of the complainant. As such O.Ps. No. 2 and 3 have deposited the same on 27.9.2021 and the higher officials have settled the accounts of the complainant up till 27.9.2021. After correction, on 27.9.2021, the total outstanding balance till the said date in the loan account of the complainant was made of Rs. 42,218/- and the higher officials of the company have requested the complainant that to pay the said amount of Rs. 42,218/- by his own and they further assured that they will also reimburse the said amount later on from the erring employees of the company. As such, on their request, the complainant has deposited Rs. 42,218/- on 29.9.2021 to the company and up till date 29.9.2021, all the balance, dues have been cleared in the loan account of the complainant.  Afterwards, the complainant has paid all the remaining installments on time up to July, 2023 and never defaulted in paying the installments. From September 2021 till July, 2023, the complainant has paid all the remaining installments as it is clear from the receipts of the payments. Thereafter, the complainant has visited the office of the company and demanded the No Due Certificate from the company and the complainant astonished to hear that his loan account has not been cleared yet. The complainant has obtained loan account statement and seen that in the loan account of the complainant, certain delayed payments penalties, overdue interest and other unexplained amounts have been imposed. The complainant has asked about the reasons for the same but none of the officials have given any satisfactory reply to the complainant and on the other hand, they have threatened the complainant that if he will not make the payment then they will initiate unwanted legal proceedings against him. In the month of July, 2023 the complainant has made last payment of Rs.24,433/- vide receipt bearing No. TARAMTF1806230023 dated 24-07-2023 to the company but the said payment again did not show in the loan account statement of the complainant, which also shows the deficiency in services on the part of the company & its officials.  Bare perusal of the payment receipts as well as of loan account statement has made it clear that the complainant has paid the entire installments of the loan and as such the complainant has cleared all the dues of the loan i.e. principal amount along with interest. On the other hand, the O.Ps are alleging that the loan account of the complainant became irregular. The said submission of the O.Ps is without merit and as such the dues in the shape of delayed payment penalties, overdue interest & other unexplained amounts have been imposed in the loan account of the complainant, are arbitrary, unexplained & without any default on the part of the complainant. The O.Ps. have never dictated the alleged terms and conditions of penalties etc. to the complainant at the time of the sanctioning of the loan on the basis of which the O.Ps. are imposing illegal amount upon the complainant. The complainant has prayed that the opposite parties may be directed to issue No Due Certificate to the complainant with regard to loan account of the complainant. The opposite parties may also be directed to refund the amount of Rs.42,218/- deposited on 27.9.2021 and further the amount of Rs.24,433/- deposited in July, 2023 to the complainant in the interest of justice and opposite parties may be directed to pay amount of Rs. 20,000/- to the complainant by way of costs of litigation and counsel fee and pendent elite interest @ 12% P.A. from the date of filing of the complaint and the opposite parties may also be directed to pay amount of Rs. 50,000/- to the complainant on account of mental and physical harassment of the complainant in the interest of justice. Alongwith the complaint, the complainant has placed on record his affidavit Ex. C-1, attested copy of loan account statement 9 pages Ex. C-2, Attested copy of contents of e-mail Ex. C-3,  Attested copy of payment receipt dated 27.9.2021 Ex. C-4, Attested copy of payment receipt dated 29.9.02021 Ex. C- 5,Attested copy of payment receipt dated 27.10.2021  Ex. C-6, Attested copy of payment receipt dated 4.11.2021 Ex. C-7, Attested copy of payment receipt dated 6.12.2021  Ex. C-8, Attested copy of payment receipt dated 16.1.2022 Ex. C-9, Attested copy of payment receipt dated 7.2.2022 Ex. C-10, Attested copy of payment receipt dated 9.3.2022 Ex. C-11, Attested copy of payment receipt dated 12.4.2022 Ex. C-12, Attested copy of payment receipt dated 16.5.2022 Ex. C-13, Attested copy of payment receipt dated 9.6.2022 Ex. C-14, Attested copy of payment receipt dated 12.7.2022 Ex. C-15, Attested copy of payment receipt dated 10.8.2022 Ex. C-16 , Attested copy of payment receipt dated 20.9.2022 Ex. C-17, Attested copy of payment receipt dated 7.10.2022 Ex. C-18, Attested copy of payment receipt dated 17.11.2022 Ex. C-19, Attested copy of payment receipt dated 12.12.2022 Ex. C-20, Attested copy of payment receipt dated 12.1.2023 Ex. C-21, Attested copy of payment receipt dated 16.2.2023 Ex. C-22, Attested copy of payment receipt dated 13.3.2023 Ex. C-23, Attested copy of payment receipt dated 13.4.2023 Ex. C-24, Attested copy of payment receipt dated 15.5.2023 Ex. C-25, Attested copy of payment receipt dated 12.6.2023 Ex. C-26, Attested copy of payment receipt dated 24.7.2023Ex. C-27, Attested copy of payment receipt Ex. C-28, Self attested copy of Adhar Card of Baldev Raj Ex. C-29.

2        Notice of this complaint was sent to the opposite parties but no one appeared on behalf of opposite party and consequently, the opposite parties were proceeded against exparte vide order dated 25.4.2024.

3        We have heard the Ld. counsel for complainant and have also carefully gone through the evidence and documents on the file.

4        The complainant has produced on record his affidavit Ex. C-1 and declared that the agents of the company including the OP No. 2 and 3 allured the complainant and gave him various offers for sanctioning of loan in their favour. They have further told that the company deals in transparent manner and no unnecessary costs, interest or penalties etc. will be imposed upon the loan amount. The complainant was attracted to the offers made by them and agreed to avail house loan and the OP No. 1 through its employees & the OP Nos. 2 and 3 have sanctioned the loan amount of Rs. 8,00,000/-  on dated 23.6.2018 vide loan account bearing No. TARAMTF1806230023, the interest was settled of Rs. 7,31,930/- and the monthly EMI was settled of Rs. 24,433/- and entire amount was fixed to be paid within 60 installments. He further declared that after availing of the above said loan amount, the complainant used to pay all the installments in time to the OPs. No. 2 and 3. Even during the period of lockdown, the complainant has never broken the payment of installment and used to pay all the installments on time. In the year 2020, the O.Ps No. 2 and 3 have misguided the complainant and did not deposit the money of 5 installments in his loan account paid by the complainant to them and withheld the money of the complainant with them. As such, in the loan account statement of complainant, some defaults were shown in the payment of money. In the month of September 2021 the complainant came to know about the above fact from one of the employee of the company. He further declared that the complainant immediately brought the above facts in to the knowledge of the other officials of the company and they have assured to redress the grievance of the complainant. Further on 24.9.2021, the complainant sent an e-mail to the grievance cell of the company and the higher officials of the company contacted the complainant and assured him to redress his grievance. On knowing the said fact, the O.Ps. NO. 2 and 3 deposited some amount but not in entire. Afterwards upon the several requests of the complainant, the O.Ps. have admitted their default and have rectified the accounts of the complainant and the higher officials have directed the O.Ps. No. 2 and 3 to pay one installment of Rs. 24,433/- immediately out of their pocket in the loan account of the complainant. As such O.Ps. No. 2 and 3 have deposited the same on 27.9.2021 and the higher officials have settled the accounts of the complainant up till 27.9.2021. He further declared that after correction, on 27.9.2021, the total outstanding balance till the said date in the loan account of the complainant was made of Rs. 42,218/- and the higher officials of the company have requested the complainant that to pay the said amount of Rs. 42,218/- by his own and they further assured that they will also reimburse the said amount later on from the erring employees of the company. As such, on their request, the complainant has deposited Rs. 42,218/- on 29.9.2021 to the company and up till date 29.9.2021, all the balance, dues have been cleared in the loan account of the complainant.  He further declared that afterwards, the complainant has paid all the remaining installments on time up to July, 2023 and never defaulted in paying the installments. From September 2021 till July, 2023, the complainant has paid all the remaining installments as it is clear from the receipts of the payments. Thereafter, the complainant has visited the office of the company and demanded the No Due Certificate from the company and the complainant astonished to hear that his loan account has not been cleared yet. The complainant has obtained loan account statement and seen that in the loan account of the complainant, certain delayed payments penalties, overdue interest and other unexplained amounts have been imposed. He further declared that the complainant has asked about the reasons for the same but none of the officials have given any satisfactory reply to the complainant and on the other hand, they have threatened the complainant that if he will not make the payment then they will initiate unwanted legal proceedings against him. In the month of July, 2023 the complainant has made last payment of Rs.24,433/- vide receipt bearing No. TARAMTF1806230023 dated 24-07-2023 to the company but the said payment again did not show in the loan account statement of the complainant, which also shows the deficiency in services on the part of the company & its officials.  Bare perusal of the payment receipts as well as of loan account statement has made it clear that the complainant has paid the entire installments of the loan and as such the complainant has cleared all the dues of the loan i.e. principal amount along with interest. On the other hand, the O.Ps are alleging that the loan account of the complainant became irregular. The said submission of the O.Ps is without merit and as such the dues in the shape of delayed payment penalties, overdue interest & other unexplained amounts have been imposed in the loan account of the complainant, are arbitrary, unexplained & without any default on the part of the complainant. He further declared that the O.Ps. have never dictated the alleged terms and conditions of penalties etc. to the complainant at the time of the sanctioning of the loan on the basis of which the O.Ps. are imposing illegal amount upon the complainant and prayed that the present complaint may be allowed.

5        The evidence led by the complainant on the file goes unchallenged and unrebutted as Opposite Parties are proceeded against exparte in the present complaint and there is no reason on the file as to why the evidence produced by the complainant be not believed. Otherwise also, due notice was issued to the Opposite Parties and opposite parties did not appear in this Commission in order to contest the complaint which shows that the Opposite Parties have nothing to say upon the allegations leveled against them by the complainant.      

6        In light of the above discussion, the complaint succeeds and the same is hereby allowed with costs in favour of the complainant and against the Opposite Parties. The opposite parties are directed to issue No Due Certificate to the complainant. The opposite parties are also directed to refund Rs. 42,218/- deposited on 27.9.2021 and Rs. 24,433/- deposited in the month of July 2023 to the complainant. The complainant has been unnecessarily harassed by the opposite parties for a long time, therefore, the complainant is entitled to Rs. 15,000/- as compensation on account of harassment and mental agony and Rs 7,500/- as litigation expenses. Opposite Parties are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of filing instant complaint till its realisation. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

30.08.2024