Delhi

North East

CC/11/2022

Vikas Jain - Complainant(s)

Versus

Reliance Money - Opp.Party(s)

05 Aug 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No.11/22

 

In the matter of:

 

 

Shri Vikash Jain

S/o Shri Ramesh Chand Jain

R/o H.No. T-225, Gali No. 2, Gautampuri

Delhi 110053

 

 

 

Complainant

 

 

Versus

 

 

 

Reliance Money

Krishna Market, Banphul Marg,

Phase I, Lajpat Nagar-I

Sheikh Sarai, New Delhi 110017

 

 

 

Opposite Party

 

           

       DATE OF INSTITUTION:

JUDGMENT RESERVED ON:

                  DATE OF ORDER:

01.02.2022

06.04.2023

05.08.2023

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

 

ORDER

 Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the    Consumer protection Act, 2019.

Case of the Complainant

  1. The case of the Complainant as revealed from the record is that he has purchased Honda scooter. The said scooter was financed by the Opposite Party. His case is that due to lockdown he was unable to pay the last two EMIs. The total EMIs were 22. His case is that he has paid 20 EMIs of Rs. 3,506/- each per month. His case is that in the month of November 2021 one Mr. Varun came to his house and told him that he had come there for recovery of the loan amount. He told the Complainant that in case the Complainant pays       Rs. 3,506/- then the remaining two EMIs would be waved off. On the advice of said Mr. Varun the Complainant paid Rs. 3,506/- to him. His case is that now the Opposite Party is not giving NOC to him. He has prayed for directing the Opposite Party to give him NOC in respect of the loan and Rs. 50,000/- on account of mental harassment.
  2. None has appeared on behalf of Opposite Party to contest the case despite service of notice. Therefore, Opposite Party was proceeded against Ex-parte vide order dated 03.06.2022.

Ex-parte evidence of the Complainant

  1. The Complainant in support of his complaint filed his affidavit.

Arguments & Conclusion

  1. We have heard the Complainant and we have also perused the file.  
    The case of the Complainant as stated in the complaint is that he has purchased a scooter which was financed by the Opposite Party. His case is that the total EMIs which was to be paid were 22. He has paid 20 EMIs and the last two EMIs could not be paid due to lockdown. In his affidavit the Complainant has stated that he had to pay 22 EMIs of Rs. 3,506/- each. In his affidavit he has mentioned that he has paid 19 instalments and in the month of November 2021, Mr Varun came to his house and he paid Rs. 3,506/- to him. Thus the perusal of the affidavit and the complaint shows that the Complainant has paid only 20 EMIs to the Opposite Party whereas he was supposed to pay 22 EMIs to the Opposite Party. Thus, from the case of the Complainant it is revealed that he has not yet paid the complete EMIs to the Opposite Party.  Therefore, the NOC cannot be issued by the Opposite Party. The complaint is dismissed.
  2. Order announced on 05.08.2023.

Copy of this order be given to the parties free of cost

File be consigned to Record Room.

(Anil Kumar Bamba)

          Member

 

(Surinder Kumar Sharma)

President

 

 

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