20.1.2023 Present: Sh. NK Garg Advocate counsel for the complainant.
Arguments on the admissibility of the present complaint heard. The complainant mentioned in her complaint that she is the consumer of the opposite parties as she has taken a loan of Rs. 30,000/- from the opposite parties on 21.1.2020 vide her ID1655130 Loan Account No. Z00S7AF01313804 and at that time the opposite parties got the signatures of the complainant on various documents including blank stamp papers and blank papers and also kept the Aadhar Card, PAN card, Voter Card and photographs of the complainant. The opposite parties only issued the loan card to the complainant.
2. It is further alleged in the complaint that the complainant started paying the monthly installments in the office of the opposite parties at Barnala and paid the entire 10 installments in time and Rs. 36,941/- returned to the opposite parties which are shown on the loan card. At the time of payment of 18th installment Anchal Verma an employee of the opposite parties received the amount of the last and final installment, she made an entry in the loan card but after that she erased it by Pen. CCTV Camera were installed in the office of the bank where last and final payment was made and same must have been shown in the Veera Wanti Devi Vs The RBL Finserve CC/02/2023
CCTV footage.
3. It is further alleged that after payment of entire loan amount the complainant demanded the documents and NOC regarding the payment of the entire loan amount but the opposite parties quarreled with the complainant and showed the balance amount towards the complainant. As such the opposite parties played a game with the complainant by not making the entery of the complainant and by not returning the documents submitted with the opposite parties. The opposite parties imposed interest at the rate of 26% per annum which is very higher side. In normal cases interest at the rate of 12% per annum is allowed as per the norms of the RBI. The complainant requested the opposite parties time and again to issue the NOC regarding the payment of the loan amount and for returning the documents received from the complainant at the time of advancing the loan but they are putting of the matter on one pretext or the other.
4. It is further alleged that regarding the said cheating the complainant also filed a police complaint No. 539/VP dated 7.3.2022 and inquiry was initiated by Sh. Kuldeep Singh DSP (Special Branch),
Veera Wanti Devi Vs The RBL Finserve CC/02/2023
Barnala but no action was taken by him against the opposite parties. It is further alleged that by not returning the documents and by not issuing the NOC in favour of the complainant regarding return of the loan amount is deficiency in service and negligence on the part of the opposite parties. Hence the the present complaint is filed seeking the following reliefs.-
1) The opposite parties may be directed to issue the NOC regarding the return of the loan amount and also to return the various documents including blank stamp papers, blank papers, Aadhar Card, PAN card, Voter card and photographs of the complainant.
2) To pay Rs. 20,000/- on account of compensation for mental agony and harassment and Rs. 20,000/- as litigation expenses.
3) Any other fit relief may also be given.
5. The complainant sought the relief that opposite parties may be directed to issue the NOC regarding the return of loan amount and also to return the various documents including blank stamp papers, blank papers, Aadhaar Card, Pan Card, Voter Card and photographs of the complainant. On the perusal of the file it came to the notice that the complainant failed to produce any deposit receipts vide which it
Veera Wanti Devi Vs The RBL Finserve CC/02/2023
established that the complainant has cleared the entire loan amount.
6. On the other hand the complainant also filed an application before SSP, Barnala and same was marked to the office of DSP (Special Branch), Barnala and the said office investigated the said matter and submitted the report dated 5.4.2022 which was produced by the complainant on the Commission file. The Investigation Officer held that Rs. 4,593/- till 30.3.2021 was pending towards the complainant. The employee of the opposite parties namely Aanchal Verma inadvertently written the date on the loan card and later on she deleted the date. It is further held by the Investigation Officer that after investigation there is no evidence of any misconduct by the Manager or Aanchal Verma towards the complainant and the allegations imposed by the complainant are not proved.
7. As per our opinion the complainant alleged that the opposite parties are demanding and harassing the complainant but the complainant prima facie not produced any demand letter issued by the opposite parties. The matter is not maintainable at this stage before this Commission as the same has already been investigated by the police Veera Wanti Devi Vs The RBL Finserve CC/02/2023
authorities and submitted their report. The relief claimed by the complainant in her complaint is mandatory in nature which cannot be dealt with before this Commission as per law. Therefore, the present complaint is dismissed in preliminary stage being not maintainable. No order as to costs or compensation. Copy of the order be supplied to the complainant free of costs. File be consigned to its records after its due compliance.
ANNOUNCED IN THE OPEN COMMISSION:
20th Day of January 2023
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
(Navdeep Kumar Garg)
Member