PRESENT : Shri HARADHAN MUKHOPADHYAY PRESIDENT
: SHRI NIROD BARAN ROY CHOWDHURY MEMBER
Case No. CC/113/2022
COMPLAINANT :1. Kousik Das, S/o Jayanta Das,
Of Sadhanpara, P.O. Bahirgachhi,
P.S. Dhubulia,Dist. Nadia, 741154.
V-E-R-S-U-S
OPPOSITE PARTIES / 1. The Manager,
MUTHOOT FIN CROP GOLD LOAN,
(MUTHOOT CAPITAL)
13, 1st Floor Manmohan Ghosh Street
Near Patra Bazar P.O. Krishnagar, P.S. Kotwali,
Dist.Nadia,W.B., Pin-741101.
2. The Manager,
Muthoot Fin Corp Gold Loan,
206, A.P.C. Road, 1st Floor, Kolkata – 700004.
P.S. Shyampukur.
Ld. Advocate(s)
For Complainant: Mahuya Das Chakraborty
For OP/OPs : None
Date of filing of the case :30.11.2022
Date of Disposal of the case :17.01.2024
Final Order / Judgment dtd.17.01.2024
The concise fact of the case of the complainant is that the complainant Kousik Das purchased a Scooty Activa 125 on 10.08.2019 from Ishan Honda by taking loan in 36 instalments @ 250 per instalment for the said loan. The complainant has been regularly paying the instalment but during Covid period the complainant availed moratorium and did not pay any amount during April, 2020 to August, 2020. On 08.10.2022 the complainant paid Rs.2,502/- as
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CC/113/2022
31 instalments and the next instalment was due on 05.11.2022 but on 31.10.2022 the OPs office informed that next instalment amount is Rs.4,428/-. The excess money was charged for compound interest during pandemic situation. The complainant sent legal notice to the OPs Manager, MUTHOOT FIN CROP GOLD LOAN on 31.10.2022 which they received on 31.10.2022. OPs company is bound to rectify the same and provide actual loan statement to the complainant. The complainant is ready to pay actual instalment money . Due to failure in rendering proper service by the Ops the complainant sustained monetary loss harassment, mental pain and agony. So, the present case is filed. The cause of action arose on 31.10.2022 and subsequent date till the filing of this case. The complainant obtained receipts from the system of the Ops company computer and deducted that the complainant paid excess amount against the principal amount . The OPs company assured that they would refund the excess amount and issued NOC to the complainant but they did not refund the money. The complainant further prayed for an award directing the Ops to provide actual calculation statement of his loan and instalment amount and to allow moratorium as per government rules and regulations , Rs.50,000/- towards unfair trade practice , harassment and mental pain and agony and litigation cost.
The Ops appear to have not contested. As per order no.12 dated 28.06.2023 case was heard ex-parte against OP no.1&2.
The complainant in order to substantiate the case adduced oral evidence in the form of affidavit in chief and documentary evidence.
The complainant categorically stated that he has repaid the loan money. The statement of account reveals that the complainant has paid different instalments time to time for Rs.2,502/- in favour of the Ops through Axis bank and paytm and also through HDFC bank. The Ops did not deny about the said repayment of loan through instalments.
The complainant further proved one legal notice given by Ld. Advocate Mahuya Das Chakraborty on 31.10.2022 to the OPs Muthoot Fin Corp Gold Loan , Krishnagar, Nadia. The said notice was served to the OPs but they did not give any reply. In the said notice it is specifically claimed that excess amount was calculated at compound interest for the Pandemic situation despite moratorium announced by the RBI for the period April, 2020 to August, 2020. The OPs could not deny the said allegation in as much as the OPs preferred not to contest the case and failed to make out any defence case.
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CC/113/2022
The complainant also proved the Tax receipt of Motor Vehicle Department and Registration charge as well as the insurance policy certificate in the name of the complainant under Chola M/S General Insurance. The OPs could not discard any of the documentary evidence since they did not cross examine the complainant due to the case being heard ex-parte.
Thus, after perusing the entire pleadings of the complainant and the specific oral evidence in the form of affidavit in chief and documentary evidences. The Commission comes to the finding that the case against the OPs stand proved ex-parte upto the hilt . It is well established that the OPs company charged excess amount and they are bound to refund the excess money paid by the complainant after proper calculation.
The aforesaid activities of the OPs tantamount to deficiency in service and unfair trade practice
In the result the complaint case succeeds ex-parte against both the OP No.1 & 2.
Hence,
It is
Ordered
that the complaint case no.CC/113/2022 be and the same is allowed ex-parte against the OP NO.1 , Manager, MUTHOOT FIN CROP GOLD LOAN, Krishnagar & OP No.2 Manager, Muthoot Fin Corp Gold Loan, Kolkata with cost of Rs.10,000/- (Rupees ten thousand). The complainant Kousik Das do get an award with a direction upon both the OP No.1 and OP No.2 to provide proper calculation of the loan of the complainant and the rate of instalment and to follow the direction of moratorium issued by the government.The complainant further gets an award for Rs.50,000/- (Rupees fifty thousand) for unfair trade practice harassment , mental pain and agony to the complainant. The OPs are directed to pay Rs.60,000/- (Rupees sixty thousand) to the complainant within 30 days from the date of passing the final order failing which the entire award money shall carry an interest @ 10% p.a from the date of passing the final order till the date of its realisation.
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CC/113/2022
All Interim Applications (I.A) stand disposed of accordingly.
D.A to note in the trial register.
The case is accordingly disposed of.
Let a copy of this final order be supplied to both the parties at free of costs.
Dictated & corrected by me
............................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,) ................ ..........................................
PRESIDENT
(Shri HARADHAN MUKHOPADHYAY,)
I concur,
........................................
MEMBER
(NIROD BARAN ROY CHOWDHURY)
