Ld. Advocate for the complainant is present. Judgement is ready and pronounced in open Commission in 5 pages 3 separate sheet of paper.

BY -      SRI ASISH DEB, PRESIDENT

Brief facts of the complainant’s case is that the complainant is a permanent inhabitant of above mentioned address and O.P. NO.-01 is financier and O.P. NO.2 is head office of O.P. NO.-1, established at above mentioned address within this jurisdiction. Both the Ops are necessary parties for the interest of justice and having same liabilities. The Complainant purchased a mobile from one shop at Chaitanyapur and said seller offered to the Complainant to purchase the mobile in credit by EMI. The complainant purchased mobile phone on EMI. At that time said proprietor gave to the Complainant one card of OP. Mobile number of Complainant bearing number 9153708070 which is the said card number. Purchasing capacity/power of said card is Rs. 25,000/-. The Complainant through said card in several occasions purchased three mobile sets and EMI of said purchased pay through SB Account of the Complainant being A/C No. 30537632630 of SBI Chaitanyapur Branch. OP NO.1 approached and offered to the Complainant for taking a personal loan. After said approach the Complainant met with OP NO.-1. One staff of OP NO.-1 discussed with the Complainant regarding loan. OP NO.-1 disclosed the rate of interest @ 15 % and the Complainant agreed with him for loan from OP at that 15% rate of interest. As per instruction of OP NO.1 the Complainant submitted documents as per requirement of him. The Complainant applied for loan of Rs. 1,00,000/- from the Ops but they sanctioned Rs. 1,04,177/- and showed the loan Rs. 1,14,000/- and OP No.1 without information or without consent  or without any knowledge of the Complainant illegally deducted 9,823/- processing charges, insurance premium/charges etc. from the bank account of the complainant. OP sanctioned a loan of Rs. 1,04,177/- @ to the Complainant. Op No.1 disbursed the loan to the Complainant on 20.03.2019 and loan amount of Rs. 1,04,177/- was credited to the Complainant’s account 30537632630 at SBI chaitanyapur Branch. At the time of sanction and before sanction the Complainant demanded papers, copy of agreement and statement regarding loan but the OP did not issue any statement and others paper as per demand of the Complainant. After hard request by the Complainant O.P No.1 disclosed that as per their system all papers as well as statements etc will be sent to the Complainant by post to  his home address, but in vain till now O.P. did not send any papers to the Complainant. Several times the Complainant has demanded statement of loan but Ops did not send any statement to the Complainant. The O.P. No.1 deducted Rs. 5157/- as EMI from Bank account of the Complainant. After some days the Complainant calculated the interest and came to know that O.Ps illegally charged the interest above loan, they charge interest above 15% i.e. more or less 35% interest. The Complainant made query regarding rate of interest of loan and O.Ps informed on 26.02.2020 by sms to the Complainant that, their rate of interest is 20.095% whereas at the time of application of loan he disclose before the Complainant that his ROI is 15% but practically O.P charge ROI above loan @ 35% instead of 15%. Due to non-cooperation by O.Ps and their staff , illegal charge and  illegal interest , the Complainant became compelled to stop the EMI and demanded statement of account and wanted  to discuss with O.P NO.-1, but in vain he always avoided the Complainant. The agent of O.P. regularly used to disturb and harras the Complainant on way and threatened to the Complainant regularly. On 14.09.2020 the Complainant met with O.P. No.1 and tried to solve the matter amicably but in vain O.P. neither discussed with the Complainant nor solved the matter. As per SMS on 26.02.2020 principal outstanding was Rs. 93,080/- but after one computer statement showed outstanding of Rs. 1,19,095/- and as per demand O.P. the Complainant pay the amount through cheque on 15.09.2020. The Complainant paid the amount of Rs. 1,19,095/- + Rs. 51,570/-. At the period of lockdown situation the complainant did not pay the amount but O.P. without information, illegally, willfully, intentionally, deliberately and knowing fully dishonoured 8 cheques and imposed 395/- each bounce charges. In the accounts of O.Ps they imposed Rs. 600/- for each of 8 bounce charges. O.Ps illegally charge extra interest of Rs. 17,526/- Rs. 3,600/- other charges, Rs. 5,129/- for closing charges and that has been realized forcefully from the Complainant from the Complainant by creating pressure mentally and physically and the Complainant bound to paid the same. The Complainant prayed before O.P. for closed the card which was issued in his name but O.P. intentionally did not close the same. After several request by the Complainant O.Ps assured the Complainant to refund the extra money which was received from the Complainant but in vain. Till today O.P. did not any process regarding same. As per advice of O.P NO.-01 the Complainant deposited all amount but he did not send any revised calculation and refunded the amount which if payable to the Complainant. It is great regretting that in spite of full payment made by the Complainant in connection with the above named financer O.P. No.-1 illegally, unlawfully, deliberately and intentionally, willfully did not supplied final statement and not refunded the money to the Complainant. The Complainant deposited the entire loan/dues amount to the OPs and thereafter Complainant has no dues/ outstanding are pending in connection with the said loan/credit account. After several tagid/reminder to O.P. members for return the illegally deducted amount from the account of the Complainant but without taking any proper steps they are totally silent, both the O.P. members are liable for the same. For the solving the matter, the Complainant on dated 03.03.2020 filed a Complaint before the Assistant Director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk for peaceful mediation about he said matter. The Assistant director Consumer Affairs and Fair Business Practices, Purba Medinipur at Tamluk, for a peaceful mediation contacted with O.P. but the op did not turn up,  Ops deliberately, willfully, intentionally did not return any money . Owing to said occurrence and such types of behaviour of O.P No.1 the Complainant suffered a lot of mental pain and agony. The Complainant on 14.09.2020 and thereafter several times meets with O.ps but they intentionally harassed day after day to the Complainant.  The Cause of action arose of this case on and from 14.09.2020 within this jurisdiction. Under such circumstances the Complainant humbly prays for passing necessary order as the Commission  deem fit and proper ,for return of Rs. 26,255/- and others extra money which was received from the account of the Complainant, Issuing NOC in favour of the Complainant, for closing the card of the Complainant and for compensation for harassment, mental pain and agony etc. of Rs. 1,00,000/- and for litigation cost of Rs. 5,000/-.

        Notices of the case were duly served upon the ops, however the O.Ps preferred to see that the case is decided ex-parte against it.

Points for determination are:

1. Is the case maintainable in its present form and in law?                                            2.  Is the Complainant entitled to the relief(s) as sought for?

Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused and assessed the complaint on affidavit, evidence of the complainant, and documents on record.

We have given thoughtful consideration of the ex-parte argument of Ld Advocate for complainant.

Having regards had to the facts and circumstances of the case in the light of evidence, it is evident that there is no dispute that complainant is a consumer having grievances against the OPs, as such the case is maintainable in its present form and in law.

The Complainant has stated that he purchased a mobile from one shop at Chaitanyapur and said seller offered to the Complainant to purchase the mobile in credit by EMI. The complainant purchased mobile phone on EMI. At that time said proprietor gave to the Complainant one card of OP. Mobile number of Complainant bearing number 9153708070 which is the said card number. Purchasing capacity/power of said card is Rs. 25,000/-. The Complainant through said card in several occasions  purchased three mobile sets and EMI of said purchased pay through SB Account of the Complainant being A/C No. 30537632630 of SBI Chaitanyapur Branch. OP NO.1 approached and offered to the Complainant for taking a personal loan. After said approach the Complainant met with OP NO.-1. One staff of OP NO.-1 discussed with the Complainant regarding loan. OP NO.-1 disclosed the rate of interest @ 15 % and the Complainant agreed with him for loan from OP at that 15% rate of interest. As per instruction of OP NO.1 the Complainant submitted documents as per requirement of him. The Complainant applied for loan of Rs. 1,00,000/- from the Ops but they sanctioned Rs. 1,04,177/- and showed the loan Rs. 1,14,000/- and OP No.1 without information or without consent  or without any knowledge of the Complainant illegally deducted 9,823/- processing charges, insurance premium/charges etc. from the bank account of the complainant. OP sanctioned a loan of Rs. 1,04,177/- @ to the Complainant. Op No.1 disbursed the loan to the Complainant on 20.03.2019 and loan amount of Rs. 1,04,177/- was credited to the Complainant’s account 30537632630 at SBI chaitanyapur Branch. At the time of sanction and before sanction the Complainant demanded papers, copy of agreement and statement regarding loan but the OP did not issue any statement and others paper as per demand of the Complainant.

Now, it is the duty of the consumer to prove his case prima facie. In support of his oral statement, there should be some supporting documents. No loan agreement has been  filed. There is no document to show that ever he lodged any complaint to the higher authority of the ops demanding loan agreement. The documents filed by the complainant shows that the ops supplied complainant with detailed statement of accounts showing transactions. There is no written document to establish that the agreed rate of interest was @ 15% per annum. There are instances of dishonour of cheques due to the fault and lapse on the part of the complainant;  these are admitted facts . Loan Financial summary was issued on 19.11.2020. No Dues Certificate was also issued on18.09.2020.

As per the Government of India Scheme for grant of ex-gratia, an eligible borrower is benefited with the difference of amount between compound interest and simple interest for the period March 1 2020 to August 31, 2020(1235) by crediting to the borrower’s respective loan account .In the instant case Interest computed on Amount: Rs. 93080, at Interest rate 35% Amount as per Simple Interest is Rs. 16290. Amounts as per Compounding Interest is Rs. 17525. Refund amount is Rs. 1235(Rounded off to nearest full rupee). Period of computation: 6 months and 0 days as Moratorium.

As such, the complainant has failed to bring home the elements of deficiency of service or unfair Trade practice against the ops. The complainant is not entitled to get any relief in this case against the op.

Thus, the  compliant case fails.     

Both the points are decided accordingly.

Hence, it is

O R D E R E D

That CC/57 of 2021 be and the same is dismissed ex parte against the OPs.

Let a copy of the judgment be supplied to the complainant free of cost.