IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Wednesday the 28th day of February, 2018.
Filed on 22/07//2017
Present
1. Smt. Elizabeth George (President)
2. Sri. Antony Xavier (Member)
3. Smt. Jasmine D (Member)
in
CC/No.200/2017
Between
Complainant:- Opposite Parties:-
Smt. Sudha Bharathan, 1. Credit Sudhaar Service Pvt. Ltd,
Pulinthanath House, 105, Glob House,
Mayithara Market P.O, Richmond Road,
Cherthala Bangalore-560025.
Alappuzha-688539
ORDER
SRI. ANTONY XAVIER (MEMBER)
The complainant’s case in a nut shell is as follows:-
The complainant was approaching different financial institution for the purpose of causing the same to take over the complainant’s defaulted loan, and to arrange a personal loan for her inevitable purpose. It was by this time the complainant got acquainted with the executive of the opposite party who promised her a personal loan of Rs.1000000/- (Rupees ten lakhs only) by which amount she could clear off the entire loan she had with another institution `Fullerton India Credit Company Ltd’. The executive of the opposite party instructed the complainant to log in an application in favor of the opposite party. The complainant complied with the same, and the executive of the opposite party required the complainant to come over to Bangalore to have a meeting with higher personnel of the opposite party. Upon this on 25th October 2016, the complainant’s husband met the personnel of opposite party in Bangalore, and he was made to believe that the complainant’s application for loan was approved, and as such the complainant had to remit Rs.23875/- (Rupees twenty three thousand eight hundred and seventy five only) towards processing fee. The complainant remitted the aforesaid amount of Rs.23875/- with the opposite party’s A/C No.643605050317. Thereafter the complainant obtained several phone calls intimating her that her file was generated and the complainant’s file was being handled by one Miss. Vyshali. The complainant requested her to immediately transfer the amount the complainant due to the `Fullerton India Credit Company Ltd’. To this Vyshali forwarded E-mails to the complainant requiring her to purchase financial products from the opposite party, upon which the complainant’s credit score goes up within a period of six-seven months. What is more the complainant was informed that the opposite party would disburse loan only to permanent residents of Mumbai and Bangalore. Now the complainant realized that she was only defrauded. The complainant demanded refund of the amount she remitted. The complainant was instructed to approach customer care, and the complainant was intimated that as per the opposite party’s policy refund was out of question. The complainant sent up a registered letter requiring the opposite party to refund the amount the complainant remitted with the opposite party which yielded no meaningful result. The complainant lost several opportunities to avail loan from somewhere else. The complainant has been facing the threat of an imminent attachment proceeding. The opposite party is liable for complainant’s aforesaid all sort of hardships and struggles. The complainant being aggrieved on this approached this Forum for compensation and other relief.
2. Even though notice was sent the opposite party was not keen on appearing before this Forum to rebut the complainant’s case. With the result the opposite party was set ex-party.
3. The complainant evidence consists of the proof of the complainant and the documents Exbt A1 to A8 were marked. As observed earlier the opposite party neither turned up before this Forum nor challenged the complainant’s case.
Holding the complainant’s contentions in view, the questions that crop up for consideration are:-
(a) Whether the opposite party committed unfair trade practice towards the complainant?
(b) Whether the complainant is entitled to any relief?
4. The complainant’s specific case is that complainant was looking forward for a personal loan to meet her immediate purpose. By this time the complainant came across the executive of the opposite party who promised her a personal loan of Rs.1000000/- (Rupees ten lakhs only) by which amount she could clear off the entire loan she had with another institution namely `Fullerton India Credit Company Ltd’. The executive of the opposite party instructed the complainant to file an application online and required the complainant to come over to Bangalore for further procedure. On 25th October 2016, the complainant’s husband went to Bangalore and met higher officials of the opposite party. The complainant was instructed to remit Rs.23875/- towards processing fee, so that the loan the complainant sought for could be disbursed. The complainant believing the opposite party remitted the aforesaid amount of Rs.23875/- with the opposite party’s A/C No.643605050317. Thereafter the complainant was made to contact one Miss. Vyshali. The complainant requested her to immediately transfer the amount the complainant due to the `Fullerton India Credit Company Ltd’. Instead of taking steps to paying off the complainant’s debt the complainant due to `Fullerton India Credit Company Ltd’, the complainant was asked to purchase financial products from the opposite party. The complainant was further told that the opposite party would disburse loan only to permanent residents of Mumbai and Bangalore. When the complainant realized that she was defrauded, she demanded refund of the amount she remitted. The opposite party disdainfully impressed upon the complainant that as per the opposite party’s policy, refund of the amount once remitted was absolutely out of question. The complainant sent up a registered letter requiring the opposite party to refund the amount the complainant remitted with the opposite party which evoked no sort of response. The complainant lost several opportunities to avail loan from somewhere else. The complainant has been facing the threat of an imminent attachment proceeding. Bearing in mind the complainant’s contention alive in mind, we anxiously went through the complaint, proof affidavit and the documents Exbts A1 to A8 placed on record by the complainant. The documents Exbts A1 to A8 fully and manifestly substantiate the complainant case in the very manner the complainant put forth. As we have already observed the opposite party has never made it a point either to turn up before this Forum or contend the complainant’s probable case which has been more furthered by the proof affidavit and the Exbts produced and marked by the complaint. We have no hesitation to hold that the complainant case stands well-substantiated. We need hardly say, the complainant is entitled to relief.
In the result, complaint allowed, the opposite party is directed to refund the amount of Rs.23875/- (Rupees twenty three thousand eight hundred and seventy five only) to the complainant the amount of which the complainant remitted with the opposite party. The opposite party is further directed to pay the complainant an amount of Rs.3000/- (Rupees three thousand only) as compensation, and an amount of Rs.1500/- (Rupees one thousand and five hundred only) as cost. The opposite party shall comply with the order of this Forum within 30 days of receipt of this order.
Pronounced in open Forum on this 28th day of February 2018.
Sd/- Sri. Antony Xavier (Member) :
Sd/- Smt. Elizabeth George (President):
Sd/- Smt. Jasmine.D. (Member) : . Appendix:-
Evidence of the complainant:-
Ext.A1 - Receipt for Rs.23875/-
Ext.A2 - Copy of confirmed tickets, Dtd on 24th October, 2016
Ext.A3 - Copy of Email, Dtd on 05th November 2016.
Ext.A4 - Copy of Email, Dtd on 08th November 2016.
Ext.A5 - Copy of Email, Dtd on 16th November 2016.
Ext.A6 - Copy of Email, Dtd on 17th November 2016.
Ext.A7 - Copy of letter, Dtd on 16th June 2017
Ext.A8 - Acknowledgement card.
Evidence of the opposite parties: - Nil
// True Copy //
By Order To Senior Superintendent
Complainant/Opposite parties/S.F.
Typed by:- Sa/-
Compared by:-
