Ld. Advocate(s)
For Complainant: Subhasish Roy
For OP/OPs : Debraj Das
Date of filing of the case :08.12.2022
Date of Disposal of the case :09.08.2023
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Final Order / Judgment dtd.09.08.2023
Complainant above named filed the present complaint against the aforesaid opposite party u/s 35 of the Consumer Protection Act, 2019 praying for reliefs as per his prayer.
He alleged in the petition of complaint that he has availed a financial accommodation of Rs.5,00,000/- from respondent. Relating to Covid-19 Pandemic Reserve Bank of India issued one circular on 06.08.2020. It has annexed with the petition of complaint as annexure-A. Reserve Bank of India also issued another circular relating to Covid -19 Pandemic on 05.05.2021. Copy of the said circular as marked with annexure-B. Complainant made requested to the OP with reference aforesaid annexure –A and B and prayed for rescheduling of the payments. Complainant wrote two letters to the OP on 18.07.2022 and 19.08.2022. He produced copy of those two letters with mark annexure –C. OP did not give any reply to the complainant with reference to complainant’s letter dated 18.07.2022 and 19.08.2022. At the time of disbursement of loan no document was provided to the complainant. Complainant requested the OP by the aforesaid two letters to provide some documents but OP did not give any response.
Repayment of aforesaid loan was to have been made in 36 EMI at the rate of Rs.20,145/- commencing from 10.01.2022. Complainant paid first EMI amounting to Rs.22,282/-. The rate of interest was fixed at the rate of 26% per annum. Aforesaid EMIs was to have been deducted from the deposit account of the complainant maintained in SBI.
Complainant used to receive messages through mobile phone. He received message on 05.01.2022, 22.04.2022, 23.07.2022, 26.09.2022 and 07.10.2022 he produced copy of screen shot of aforesaid messages with marked – D.
He further stated that on 05.01.02022 amount clamed as overdue was Rs.20,145/- .Amount claimed was overdue on 22.04.2022. On 23.07.2022 amount claim to overdue was Rs.82,580/-. On 26.09.2022 amount claimed to be overdue was Rs.1,20,870/-. On 07.10.2022 amount claimed to be overdue was Rs.50,487/-.
He further alleged that OP claimed the amount from him by sending message. His aforesaid claim was amounts to imaginary , whimsical and without any foundation. Hence he files this case and prayed relief.
OP contests the case by filing a W/V. He denied the entire allegations. He further contented that he is a company and said company is a P2P NBF who facilitates general public to obtain loan and borrowing from them through their digital platform. Fairsent.com and he has disbursed loan to more than 1.15 lakh borrowers. Complainant took one personal loan for his business purpose. Said loan was given to the complainant on 03.12.2021 amounting to Rs.5,00,000/-. Repayment schedule of the said loan from 10.01.2022 to 10.12.2024 that is for 36 months. Complainant has paid 3 EMI till March, 2022 and thereafter, he stopped
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payment of monthly instalment. Said loan account became NPA. Thereafter, OP initiated legal proceedings u/s 12 of the Payment and Settlement System Act, 2007 against the complainant before the Gurgaon District Court and same is now pending at the stage of issuing notice. OP had tried to contact with the complainant for recovery of due EMI. However, the complainant has failed to pay the EMIs or settle the case amicably. In spite of issue of notice and legal proceedings complainant is the chronic defaulter and he is liable to pay Rs.5,93,439/- as on 10.02.2023. He prayed for dismissal of the case.
Trial
During the stage of evidence Ld. Advocate for the complainant submitted that he will not adduce any evidence on the behalf of the complainant. Hence evidence for the complainant was closed.
Next date was fixed for OPW on 22.06.2023. On that date Ld. Advocate for the OP submitted that he would not adduce any evidence. Hence evidence for the complainant was closed and next date was fixed on 25.07.2023 for argument and BNA on that date OP did not take any steps his Ld. Advocate submitted before this court that OP is not making any contract with him. Ld. Advocate for the OP did not participate in the argument.
Documents
Complainant produced following documents:-
- Computerised copy of Circular issued by Reserve Bank of India dated 06.08.2020.........(17 sheets).........(Annex-A)
- Computerised copy of Circular issued by Reserve Bank of India dated 06.08.2021.........(7 sheets).........(Annex-B)
- Xerox copy of letter issued by Complainant to OP dated 18.07.2022..........(Three sheets)......(Annex-C)
- Xerox copy of Postal Receipt.........(One sheet)
- Xerox copy of Track Report.........(Two sheets)
- Xerox copy of letter issued by complainant to OP dated 19.08.2022......(Two sheets)
- Xerox copy of Postal Receipt.........(One sheet)
- Xerox copy of Track Report...........(One sheet)
- Net copy of E-mail dated 05.01.2022...........(One sheet)..........(Annex-D)
10)Net copy of E-mail dated 22/04/2022.........(One sheet)
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11)Net copy of E-mail dated 23.07.2022.........(One sheet)
12)Net copy of E-mail dated 26.09.2022.........(One sheet)
13)Net copy of E-mail dated 07.10.2022...........(One sheet)
14) Original copy of Postal Receipt..........(One sheet)
15)Original copy of Track Report..........(One sheet)
Brief Notes of Argument
Complainant filed BNA.
Decision with Reasons
We have carefully gone through the record, we also carefully gone through the W/V filed by the OP. It is admitted position that complainant took a loan of Rs.5,00,000/- from the OP. Complainant further stated in the petition that during Covid-19 Pandemic Reserve Bank of India issued one circular on 06.08.2020. They also issued another circular on 05.05.2021 but OP did not follow those two circulars. He wrote two letters to the OP on 18.07.2022 and 19.08.2022 and claimed some documents as OP did not provide any documents. He further stated that on 05.01.2022 there was a due in the loan account amounting to Rs.20,145/- but it became increased day after day without any legal foundation. On the other hand OP contended that complainant took loan of Rs.5,00,000/- and complainant was agreed to repay the loan by 36 monthly instalment. Out of which complainant paid 3 EMIs. As the complainant violated the terms of agreement they compelled to take steps against the complainant and started proceedings against the complainant and same is now pending before the Gurgaon District Court. He further stated that complainant is a chronic loan defaulter and he is liable to pay Rs.5,93,439/- as on 10.02.2023.
Complainant stated in the complaint that he paid almost entire loan amount. As per him only Rs.20,145/- was due on 05.01.2022. Complainant failed to produce any documents regarding payment of EMI in the said loan account. He also failed to produce statement of loan account. OP stated in the W/V that complainant paid only 3 EMI in the aforesaid loan account. Perused the documents filed by the complainant at the time of filing of this case which are Xerox copy . Even complainant did not produce authentic copy of letter dated 18.07.2022 addressed to OP. Even he also did not produce the authentic copy of letter dated 19.08.2022 addressed to OP. Even he did not produce the original copy of Postal Receipt by which they sent their notice.
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Without perusing the proper documents it is not possible for this Commission to believe the contention of the complainant.
On perusal of record, we find that complainant is a consumer and OP is a service provider.
Having regard to the aforesaid discussion, it is clear before us that complainant has failed to establish his grievance by sufficient documents beyond reasonable doubt and accordingly he is not entitled to relief as per his prayer.
In the result, present case fails.
Hence,
It is
Ordered
that the present case be and the same is dismissed on contest against the OP but without any order as to costs.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
