Order by:
Sh.Amrinder Singh Sidhu, President.
1. The complainant has filed the instant complaint under section 35 of the Consumer Protection Act, 2019 on the allegations that on 23.03.2021 she took loan of Rs.55,000/- from the Opposite Parties vide loan ID: 1103780101144999, Vide Client ID: 1003780000001719, but the Opposite Party is charging extra cost without any valid ground as the first installment was Rs.3280/- but the Opposite Party charged Rs.3719/- including an additional charges of Rs.439/- which is totally wrong and illegal. The complainant made requests to the Opposite Party on so many occasions, but the Opposite Party did not pay any heed to request of the complainant. This act of the Opposite Party is clear cut deficiency in service and negligence on the part of the Opposite Party. Vide instant complaint, the complainant has sought the following reliefs.
- To direct the Opposite Party to take necessary steps to render the proper service to the complainant and also reimburse the amount of Rs.439/- to complainant and also to pay Rs.2,000/- as compensation for causing her mental tension and harassment or other relief which this District Consumer Commission may deem fit and proper may be awarded to the complainant.
Hence this complaint has been filed by the Complainant for the redressal of his grievances.
2. Upon notice, none has appeared on behalf of Opposite Party despite service, hence Opposite Party was proceeded against exparte by this District Commission.
3. In order to prove her case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents i.e. copy of consignment tracking statement Ex.C2, copy of legal notice Ex.C3, copy of loan account statement Ex.C4, copy of estimate Ex.C5 and copy of aadhar card and closed the evidence.
4. We have perused the documents and gone through the evidence on record.
5. From the appraisal of the evidence on record, it becomes evident that she has obtained loan of Rs.55,000/- from the Opposite Party and further first installment was Rs.3280/- but the Opposite Party charged Rs.3719/- including additional charges of Rs.439/-, copy of statement of account is placed on record as Ex.C4. The case of the complainant is that she made requests to the Opposite Party time and again and not to charge the unlawful and wrong amount, but the Opposite Party did not pay any heed to the request of the complainant and hence, deficiency in service is writ large on the part of the Opposite Party. To prove the aforesaid contention, the complainant has placed on record her duly sworn affidavit of Ex.C1 alongwith copies of documents i.e. copy of consignment tracking statement Ex.C2, copy of legal notice Ex.C3, copy of loan account statement Ex.C4, copy of estimate Ex.C5 and copy of aadhar card. The aforesaid evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite Party did not opt to appear and contest the proceedings. In this way, the Opposite Party has impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Party has no defence to offer or defend the complaint.
6. So, from the entire unrebutted and unchallenged evidence produced by the complainant on record, it stands fully proved on record that the Opposite Party has adopted unfair trade practice and deficiency in service.
7. In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against the Opposite Party and the Opposite Party is directed to refund the amount of Rs.439/- (four hundred thirty nine only) to the complainant alongwith interest @ 8% per annum from the date of filing the present complaint i.e. 20.09.2021 till its actual realization. Compliance of this order be made by the Opposite Party within 45 days from the date of receipt of the copy of this order, failing which the Complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.
Announced in Open Commission.
Dated: 15.06.2022.
