Final order/Judgment 

                                                                                (Judgment Delivered on 16/12/2024)

By Smt. Swati A. Deshpande, Hon’ble Member

1. The complainant has filed this case under section 35 of the Consumer Protection Act,  2019
2. The story of the complaint in a nutshell is as follows:-
3. That complainant had taken loan of  Rs.  18,584/-  from the OP. He had duly repaid the entire loan amount of Rs.  18,584/- on the stipulated date but he noticed that the payment has not been updated on the OPs concerned app. This lack of update resulted in the outstanding amount accurately reflected for a period  exceeding 191 days. Consequently the complainant's CIBIL  score had suffered a significant decline from 750 to 525. This adversely affected the Complainant's creditworthiness and he had been denied access to various financial products and services like home loans, education loans etc. That the OPs app is still showing that the complainant has to pay an amount of Rs. 15,000/-
4. That complainant approached the OP personally and on telephone,  email etc. but the OP did not pay any heed. So the complainant has filed the complaint before this consumer Commission.
5. Due to the negligent behavior of the opposite party, the complainant had sustained harassment and agony, so  he has prayed that the OP be directed  to pay compensation of Rs.  5,00,000/- for mental harassment and agony and  Rs.  10,000/- for cost of the litigation.
6. The complainant along with his complaint filed all the necessary documents which are at exhibit 2. He has also filed some additional documents at the later stage of the complaint. He also filed his evidence affidavit and a pursis that his affidavit be treated as his written argument.
7. In spite of service of notice, opposite party did not appear before this Commission and did not contest the complaint. Hence, exparte order was passed against the opposite party.
8. On considering the complaint and other documents, following issues arise for our consideration

Sr. No.                                   Issues                                                           Ans.

1. Whether the opposite party has committed  deficiency    Not proved.

in service?

2. Whether the complainant is entitled for the relief                    No

claimed ?

          3.    What order?                                                                         As per final order

REASONING

9. The complainant has filed various documents on record to show that complainant had repaid the entire loan amount but unfortunately the complainant has filed all the documents, the bank statements ,screenshots of payments etc. which shows that he had paid Rs. 18,584/- to one Fullertone India credit Company Limited and not to the opposite party Whizdm Innovations Private Limited.
10. Even various other documents on record shows that he had taken and paid loan from one fullertone India credit Company Limited. But the said fullertone India credit Company Limited had not been made a party in this suit.
11. There is not even a single mention of name of the whizdm Innovations Private Limited, in the documents on record filed by the complainant.
12. The opposite party didn't appear before the commission to contest the matter so  it is supposed that they do not want to say anything. Thus, the entire burden to prove his contentions was on the complainant. But, unfortunately, there is no pleading to make it clear as to who is Fullertone India Credit Company and in what way the same is related to whizdm Innovations Pvt. Ltd. And OP? If complainant has taken loan from whizdm Innovations Pvt. Ltd. then why there is no document in the same name? and why payment was made to Fullertone? All these questions are unanswered.
13. So the complainant miserably failed to prove that he had paid the loan amount to whizdm  Innovation Private Limited. Hence, we answer issue number 1 to 3 in the negative. So, the commission is passing following order.

ORDER

1. The complaint is hereby dismissed.
2. No order as to costs.
3. Copy of order be supplied free of cost to the parties.
4. ‘B and ‘C’ files be returned to the concerned advocates.