Complaints filed on: 07-07-2022

                                                      Disposed on: 31-01-2023

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, TUMAKURU

          DATED THIS THE 31^st DAY OF JANUARY 2023

PRESENT

SMT.G.T.VIJAYALAKSHMI, B.Com., LLM., PRESIDENT

SRI.KUMARA.N, B.Sc. (Agri), LL.B., MBA., MEMBER

SMT.NIVEDITA RAVISH, B.A., LLB. (Spl)., LADY MEMBER

CC.No.110/2022

Sri. H.S.Lokesh, A/a 38 years, R/at

Habbathanahalli Village, Kora Hobli,

Tumakuru Taluk.

……….Complainant

(By Sri. T.S.Janardhan, Adv.,)

V/s

The Manager,

 M/s Poonawalla Fincrop Ltd.,

Sree Siddalingeshwara Arcada,

3^rd Floor, above Karurvysya Bank,

M.G.Road, Tumakuru City.

……….Opposite Party

(Served - absent)

:ORDER:

BY SMT.G.T.VIJAYALAKSHMI, PRESIDENT

This complaint has been filed by the complainant against the OP U/s 35 of the Consumer Protection Act 2019 with a prayer to direct the OP/Company to give proper balance amount towards the above said loan amount and further direct the OP to receive remaining loan amount from the complainant along with Rs.5,00,000/- for mental agony and negligent act of the OP.

2.       The brief facts of the complaint are as under:-

In the year 2017, the complainant intending to purchase new car i.e. Hyundai Model I10 grand and for that, the complainant approached the OP for financial assistance and after verifying the necessary documents, the OP has sanctioned total loan amount of Rs.6,85,359/- with a condition to discharge the said loan amount with 54 equal monthly installments with premium of Rs.13,800/- and necessary interest and thereafter the complainant purchased the said car using the same for his own purpose.

It is further case of the complainant that since from obtaining the loan, the complainant is paying the loan regularly, but due to COVID-19, the complainant unable to pay the installment of 28 to 33, which is bona-fide and not intentional.  However, the complainant is always ready and willing to pay the remaining amount to OP.  Hence, the complainant approached the OP sought to receive the dues of the above said installments and to issue no objection certificate in his favour, but the OP is not ready to receive the said outstanding amount, but demanding exorbitant amount from the complainant to close the loan. It is further submitted that he is always ready and willing to perform his part of duty, but the OP is falsely claiming excess amount and therefore the complainant got issued legal notice to the OP on 09.06.2022 calling upon the OP to give proper balance amount towards loan and accept the remaining amount.  The said notice was duly served on the OP, but the OP instead of complying the notice, asked the complainant to pay the excess amount as before they claimed.  Hence, the complaint.  

3.       After admission of the complaint, notice was sent to the OP and the same was served.  But the OP remained absent.  Even the complainant also not filed his affidavit evidence and also not addressed his arguments even sufficient time was granted to the complainant.  Hence, posted for orders. 

4.       On perusal of copy of complaint and documents produced by the complainant, the points that would arise for our consideration are:

1)                    Whether there is any deficiency in service on the part of OP/Company?

2)                     Whether complainant is entitled for reliefs sought for?

5.       Our findings to the aforesaid points are as under:

Point No.1: In the Negative

Point No.2: As per the final order

:REASONS:

6.       To prove the case of complainant, he has produced the documents like Legal notice dated:09.06.2022, reply legal notice dated:22.06.2022, loan account statement between 01.12.2017 to 26.05.2022.  But not appeared before this Commission and not produced any evidence and also not submitted any oral/written arguments.  It shows that the complainant is not interested to prosecute the case.  However, on perusal of complaint averments and documents submitted by the complainant, it is seen that the complainant availed the loan to purchase Grand I10 car from the OP.  The OP sanctioned the loan of Rs.6,85,359/- with a condition to discharge the said loan amount with 54 EMIs.  The EMI amount is Rs.13,800/-.  The complainant was agreed and repaid the loan till 27^th installment and from 28 to 33 EMIs were not paid during the COVID-19 pandemic period.  The loan account statement of the complainant discloses that the complainant was not paid the EMIs regularly on due date and nearly 50 times bounced.  Therefore, the OP charged penalties for bounce charges and belated payment of EMIs.  It is the bounden duty of the complainant to repay the loan on or before due date.  But the complainant failed to pay the installments regularly on or before due date.  Hence, he is liable to pay penalties and charges as claimed by the OP.  Hence, we do not find any deficiency of service/unfair trade practice on the part of OP.  Hence, the complaint is liable to be dismissed.  Accordingly, we proceed to pass the following:-     

:ORDER:

The complaint filed by the complainant is dismissed. No costs.

Supply free copy of this order to both parties

(Dictated to the Stenographer, got it transcribed, corrected and then pronounced in the Open Commission on this the 31^st DAY OF JANUARY, 2023).

LADY MEMBER                      MEMBER                            PRESIDENT