IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, ALAPPUZHA
Wednesday the 08thday of December, 2021
Filed on 22.02.2020
Present
1. Sri.S.Santhoshkumar, BSc.LLB (President)
2. Smt.C.K.Lekhamma, BA, LLB (Member)
In
CC/No.53/2020
Between
Complainant:- Opposite parties:-
Smt.Aliyamma N.T 1. The Officer in Charge
Moolechira Bajaj Finserv Ltd.
Muttathiparambu P.O. 1st floor, Krishna Complex, Cherthala
Cherthala, Alappuzha-688527 Thanneermukkam Road, Near Reliance –
Petrol pump, Cherthala, Alappuzha-688524
2. The M.D/ CEO
Corporate office, 4th floor, Bajaj Finserv
Corporate office, Pune-Ahmednagar road
Viman Nagar, Pune-411014, Maharashtra
(Adv.Sri.Benson&Legitha)
O R D E R
SMT.C.K.LEKHAMMA (MEMBER)
Brief facts of the complainant’s case are as follows:-
The complainant availed various loans from the opposite parties in the past out of which she closed 2 loans without any fault. In view of that oppositeparties issued golden customer card to her. Thereafter opposite parties sent several offers with regard to the various loans by way of messages on her phone. On 26.10.19 she got a message in which mentioned that the loan for Rs.10,000/- is available within seconds. At that time she was in a financial crisis and she decided to take the loan and she proceeded accordingly as per the direction of the opposite parties. Thereafter on 30.11.2019 she got another message about her loan details. According tothecomplainant she was under the impression that said loan amount has been credited in her SB account maintained with Punjab National Bank. But later she knows that said amount wasnot credited in her account. So she directly approached the 1st opposite party’s office and they informed that the loan amount was disbursed to the Mobikwik wallet of the complainant and the amount can be used for services, where Mobikwik wallet payment is accepted. More over they informed that the loan cannot be cancelled once availed. Only at that time the complainant realized that the opposite parties cheated her. She alleged that opposite parties adopted unfair trade practice and also they committed deficiency in service. Hence she approached this Commission for setting aside said wallet issued by the opposite parties, compensation for mental agony and unfair trade practiceand also for cost of the proceedings.
The version of opposite party 1 &2 are in short is as follows:-
The complaint against this opposite party filed by the complainant is false, frivolous and filed with malafide intention based on wrong information. It is not maintainable and liable to be rejected with cost.The complainant has been an existing customer and has availed various loans in the past out of which 2 are closed ie, LAN No.6R20CD92583400 and LAN No.5L90CD47816405 and No objection certificate has also been issued and with regards to the other LAN No.6R2SAVFQ959496 the same stands active. However, with the disputed loan amount, IE LAN No.5L9WLTFN282166, the complainant had given the consent to avail the wallet loan wherein the amount is transferred to the Mobikwik wallet only and the amount can be used for services, where Mobikwik wallet payment is accepted. Nowhere during the processing of the loan, it says that amount will be given as cash or transferred to bank account. Also while availing the loan there is a disclaimer which says the loan cannot be cancelled once availed and post agreeing to this disclaimer only, the process moves further and loan is processed. Basis the same, after the complainant had given the consent, the said loan was generated vide loan account No.5L9WLTFN282166 for an amount of Rs.10,000/- dated 29.11.2019. That the monthly EMI to be paid is Rs.1775/- for a contract period of 06 months commencing from 05.01.2020. On the basis of the records the complainant has not paid any EMIs on time without and the same have been defaulted due to the reason of “insufficiency funds” interalia and the said loan is active with an outstanding of Rs.5325/- besides the penal charges. The consent received from this complainant, the loan was sanctioned by this opposite party, the details of which are given below. The same is evident from the statement of accounts attached above.
In order to avail the wallet loan the respective borrower has to follow the below steps:
- Step 1: Logon to Bajaj wallet app ie, “https//customer-login.bajajfinserv.in/” by using his credentials
- Step 2: After logging onto the said app, click on the Emi network card on the dropdown menu which comes by clicking on the top right side of the application.
- Stage 3: a new window pops up, wherein borrower has to fill the loan amount and in result of it details of EMIs and interest will be displayed with instructions “this money can’t be transferred to any bank and any other user wallet.
- Stage 4: After agreeing to the terms and conditions, a message box with information “InstaCredit once availed, cannot be cancelled letter” will pop up.
- Stage 5: A declaration of No cancellation ie, wallet loan once availed, will not be cancelled, needs to be given by the customer/ borrower and accordingly an option of avail now is displayed on the portal, which the customer needs to accept.
- Step 6: Thereafter, OTP get triggered on the registered mobile number of the customer/ borrower and upon authentication money get distributed onto the Mobikwik wallet.
On the basis of the consent received from this complainant, the opposite party sanctioned wallet loan by providing a instacredit to the Mobikwik wallet of the complainant. Further the opposite party submits that, the complainant after logging into the Bajaj wallet app had accepted the terms and conditions of the offer displayed on the said app, post which the one time password was generated after authentication, the amount was disbursed to the Mobikwik wallet of this complainant.The opposite party has again and again explained all details however despite of having knowledge of all factual details the complainant with malafide intention to earn easy money in the form of compensatory by taking the sympathy and shelter of this Commission has filed this false and misleading complaint. The opposite party has sanctioned and disbursed the loan as per the request of the complainant. Thus there is no deficiency in services or any unfair trade practices committed by this opposite party nor any financial loss or mental harassment has been caused to the complainant by the act of the opposite party. As this opposite party has acted in good faith and as per the instructions of the complainant hence, this opposite party is not liable to pay any amount to the complainant as claimed by the complainant. Also this opposite party is not liable to pay any compensation as alleged.
The points that arise for consideration are as follows:-
- Whether there is any unfair trade practice or deficiency in service on the part of opposite parties?
- Relief and cost if any?
4. The complainant was appeared in person and adduced oral as well as documentary evidence. Exts.A1 to A6 were marked. Opposite parties appeared through counsel and did not adduce any evidence. We have heard both sides.
Points No.1
Admittedly the complainant had availed various loans from the opposite parties earlier than the disputed loan and considering her performance of repayment opposite parties issued ‘golden customer card’ to her. During the cross examination PW1, the complainant deposed that she had studies up to SSLC and she herself decided and proceeded to avail the disputed loan in the light of Ext.A1 message from the opposite parties, it was in Malayalam. Further that, it is mentioned in Ext.A1 that conditions are applicable to the issuance of loan. It appears that after agreeing to the terms and conditions of the loan firstly, the complainant has login to Bajaj wallet app by using her credentials, thereafter followed and proceeded tovarious steps to avail the loan. Finally OTP get and triggered on the registered mobile number of the customer and upon authentication, money get distributed in to the Mobikwik wallet. The said aspect itself is evident that the complainant is not an ignorant person. Moreover it is clear that a single click on her mobile is not sufficient to avail of a loan as contented by the complainant. During cross examination complainant admitted that opposite parties did not debit any amount from her bank account in relation to this disputed loan. Further that the wallet loan was issued as per her request. In view of the above discussion we found that the opposite parties did not adopted any unfair trade practice as well as committed deficiency of service. Hence we found that there is no merit in the complaint.
Point No.3
In the result the complaint is dismissed. No order as to cost.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Commission on this the 08th day of December, 2021
Sd/-Smt. C.K.Lekhamma (Member)
Sd/-Sri.S.Santhosh Kumar (President)
Appendix:-
Evidence of the complainant:-
PW1 Smt.Aleyamma (Witness)
Ext.A1 - Copy of message
Ext.A2 - Copy of message
Ext.A3 - Copy of message
Ext.A4 - Copy of message
Ext.A5 - Copy of Application
Ext.A6 - Copy of golden customer card
Evidence of the opposite parties:- NIL
// True Copy //
To
Complainant/Oppo.party/S.F.
By Order
Assistant Registrar
Typed by:- Sa/-
Compared by:-
