Order No.  19  dt.  16/12/2019

           The complainant filed this case stating inter alia that she took education loan from o.p. to the tune of Rs.1,40,000/-, but she availed the loan facility of Rs.1,25,000/-. The complainant has paid the amount, but in spite of payment of such amount o.p. demanded further amount of Rs.1,48,000/-. On the basis of the said fact since the loan of the complainant has been has been declared as NPA, therefore the complainant has filed this case praying for direction upon the o.p. for waiving of the interest and the balance amount.

            The o.p. contested this case by filing w/v denied all the material allegations of the complaint and it was categorically stated that in the loan agreement it was mentioned that the loan sanctioned to the tune of Rs.1,48,000/-. The complainant has failed to pay the EMIs regularly, though she got employment and it has been admitted in the petition of complaint itself. The o.p. further stated that the complainant has not raised any point of deficiency in service or unfair trade practice, therefore this case is not maintainable and o.p. has been falsely implicated in this case. On the basis of the said fact o.p. filed a petition for non maintainable of the case. Copy of the said petition was filed on 9.9.19.

            It appears from the record that the complainant has not appeared before this Forum and no step has been taken on her behalf since 6.5.19. It appears from the materials on record that the complainant took education loan and the amount was sanctioned to the tune of Rs.1,48,000/-. The o.p. has also filed several documents to show that the complainant failed to pay the EMIs regularly as per the terms of the said loan agreement. It appears from the record that the complainant in the four corners of the petition of complaint has not mentioned as to how the o.p. has committed deficiency in service or unfair trade practice. Since no prima facie case has been made out and the complainant has suppressed the material fact in filing the case and thereby, the petition filed by the complainant based on manufactured facts. As such, we hold that the case filed by the complainant is not maintainable and the petition filed by o.p. is hereby allowed.

            Hence, ordered,

            That the CC No. 222/2018 is dismissed by holding that the same is not maintainable and the petition filed by the o.p. on 09/09/2019 is allowed.