DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, PUNJAB.
Complaint Case No: CC/55/2024
Date of Institution: 21.05.2024
Date of Decision: 16.07.2024
Sanjay Kumar, aged about 54 years, son of Parkash Chand resident of Barnala, Tehsil and District Barnala.
…Complainant
Versus
1. M/s UP Money Ltd. (Easy Finance), Head Office: 13 & 23 Nehru Sidhant Kendar, Feroze Gandhi Market, Ludhiana, through its Authorized Signatory.
2. M/s UP Money Ltd. (Easy Finance), Branch Near Union Bank, Pucca College Road, Barnala- 148101, through its Manager Arun Mishra;
3. Arun Mishra, Branch Manager of M/s UP Money Ltd. (Easy Finance), Near Union Bank, Pucca College Road, Barnala-148101. (Mobile No. 62800-30193, 98727-59529).
…Opposite Parties
Complaint Under Section 35 of the Consumer Protection Act, 2019.
Present: Sh. Arashdeep Singh Adv counsel for complainant.
Opposite parties No. 1, 2 & 3 exparte.
Quorum.-
1. Sh. Ashish Kumar Grover: President
2. Sh. Navdeep Kumar Garg: Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The complainant has filed the present complaint under Section 35 of the Consumer Protection Act 2019 against M/s UP Money Ltd. (Easy Finance), & others (in short the opposite parties).
2. The facts leading to the present complaint are that the complainant approached opposite party No. 2 for the purpose of obtaining a loan of Rs. 5,00,000/-, as he got the message via Social Media application namely 'WhatsApp' on Mobile No. 98881-06523 from mobile No. 77173-07120. It is further alleged that when the complainant started discussion for the new loan, then opposite party No.3 after observing the documents told the complainant that there is earlier an outstanding of previous loan amount (loan DME000064459) towards the complainant and opposite party No. 3 also stated that only after the complainant does clear the previous outstanding the opposite party No. 2 can sanction the new loan. Accordingly, the complainant tried to convince the opposite parties No. 2 and 3 that he repaid the entire amount of previous loan to them, but the opposite parties No. 2 and 3 had refused to the same. As such, the complainant paid Rs. 45,000/- vide receipt No. 4229819 dated 01-03-2024 and clear the entire outstanding amount towards him. It is further alleged that after the above said payment, next day on 02-03-2024 the complainant visited the Branch i.e. opposite party No. 2 for initiation of loan process, where opposite party No.3 demanded Rs. 25,000/- (as Rs. 20,000/- for loan file charges and Rs. 5000/- as insurance charges) and after the assurance given to the complainant by opposite party No. 3 for sanctioning the complainant's loan within 10 days the complainant paid this amount of Rs. 25,000/- but the opposite party No. 3 did not give the receipt for said amount, but later on the opposite party No. 3 gave receipt No. 4229825 dated 02-03-2024 and after perusing the said receipt dated 2.3.2024 complainant came to know that the same was for only Rs. 20,000/-. The complainant asked opposite party No.3 the reason for issuance of receipt for only Rs. 20,000/-, upon which opposite party No.3 stated that there is no receipt issued for the insurance amount and lateron the opposite party No. 3 issued receipt No. 4229849 dated 06-03-2024 for Rs.5000/-. It is further alleged that since then the complainant has requested for sanctioning his loan application, but opposite parties No. 2 and 3 are lingering on the matter on one pretext or the other and ultimately on 18-03-2024 flatly refused to process the loan application of the complainant. It is alleged that this is clear-cut negligency on the part of the opposite parties and deficiency in services. Hence, the present complaint is filed for seeking the following reliefs.-
- The opposite parties may be directed to sanction the loan for Rs. 5,00,000/- as assured by them or return the amount of Rs. 25,000/- which the complainant paid.
- To pay Rs. 50,000/- as compensation for causing physical and mental harassment.
- Further, to pay Rs. 50,000/- as consultation charges and Rs. 20,000/- as litigation expenses.
3. The opposite parties No. 1, 2 & 3 were proceeded against exparte vide order dated 27.6.2024 and 9.7.2024 due to non appearance.
4. The complainant tendered into exparte evidence affidavit of complainant as Ex.C-1, copy of screen shot as Ex.C-2, copy of receipt No 4229819 dated 01.03.2024 as Ex.C-3, copy of receipt No.4229825 dated 02.03.2024 as Ex.C-4, copy of receipt No. 4229849 dated 06.03.2024 as Ex.C-5, copy of legal notice as Ex.C-6, copy of postal receipts as Ex.C-7 to Ex.C-9 and closed the evidence.
5. We have heard the learned counsel for the complainant and have gone through the record on the file.
6. In order to prove his case the complainant has placed on record his detailed affidavit Ex.C-1 vide which he reiterated the averments as mentioned in the complaint. The complainant has further placed on record copy of screen shot Ex.C-2 from which it shows that the complainant contacted the opposite party No. 2 for the purpose of obtaining a loan of Rs. 5,00,000/-, as he got the message via Social Media application namely 'WhatsApp' on Mobile No. 98881-06523 from mobile No. 77173-07120. It is further mentioned in Ex.C-2 that this is approval for reloan applied by Sanjay Kumar and they approved the loan amount of Rs. 5,00,000/- with total EMI 15,000x36 and due date is mentioned as 15.3.2024. The complainant also placed on record receipt No. 4229819 dated 1.3.2024 Ex.C-3 from which it shows that the complainant paid Rs. 45,000/- and clear the entire outstanding amount towards his earlier loan. The complainant further placed on record copy of receipt No. 4229825 dated 2.3.2024 Ex.C-4 from which it shows that the complainant has paid an amount of Rs. 20,000/- loan file charges to the opposite party No. 3 for applying new loan and the Loan Account. The complainant also placed on record copy of receipt No. 4229849 dated 6.3.2024 Ex.C-5 from which it shows that the complainant paid an amount of Rs. 5,000/- as insurance charges to the opposite party No. 3. The complainant also placed on record legal notice Ex.C-6 which was served upon the opposite parties by the complainant and the Ex.C-7 to Ex.C-9 are the postal receipts.
7. So, from the perusal of the evidence produced by the complainant it is established that for getting a new loan of Rs. 5,00,000/- the complainant has approached the opposite parties and approval was given by the opposite parties and this fact is proved from copy of screen shot Ex.C-2 and complainant paid the outstanding of previous loan amount of Rs. 45,000/- which proved from Ex.C-3. It is important to mention here that for getting the above said loan amount of Rs. 5,00,000/- the opposite parties have received Rs. 25,000/- from the complainant (as Rs. 20,000/- for loan file charges and Rs. 5000/- as insurance charges) and this fact is proved from Ex.C-4 & Ex.C-5. Ld. Counsel for the complainant argued that since then the complainant has requested for sanctioning his loan application but opposite parties No. 2 and 3 are lingering on the matter on one pretext or the other and ultimately on 18-03-2024 flatly refused to process the loan application of the complainant and this is clear-cut deficiency in service and unfair trade practice on the part of the opposite parties.
8. On the other hand, the opposite parties have preferred to remain exparte and no one has come forwarded from the side of the opposite parties to contest the allegations of the complainant, which are otherwise appears to be genuine and supported by various documents, in that event, we have no alternative except to believe the evidence produced by the complainant, which is un-rebutted. Hence, the opposite parties are liable for the deficiency in services and unfair trade practice.
9. Therefore, the present complaint is partly allowed and the opposite parties are directed to refund the amount of Rs. 25,000/- alongwith interest @ 7% per annum from the date of filing the present complaint till its actual realization to the complainant. The opposite parties are further directed to pay Rs. 5,000/- on the account of mental agony and harassment and Rs. 5,000/- on account of litigation expenses to the complainant. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Copy of the order be supplied to the parties free of costs. File be consigned to the records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
16th Day of July, 2024
(Ashish Kumar Grover)
President
(Navdeep Kumar Garg)
Member
