Haryana

Karnal

CC/337/2023

Anil Kumar - Complainant(s)

Versus

Aditya Birla Finance Limited - Opp.Party(s)

Ms. Seema Bhardwaj

06 Feb 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KARNAL.

 

                                                      Complaint No. 337 of 2023

                                                      Date of instt.12.06.2023

                                                      Date of Decision:06.02.2024

 

Anil Kumar son of Shri Roshan Lal, resident of village Kohand, District Karnal.

                                               …….Complainant.

                                              Versus

 

Aditya Birla Finance Ltd. SCO no.220, first floor, HUDA Sector-12, Karnal through its Branch Manager.

…..Opposite Party.

       

Complaint Under Section 35 of Consumer Protection Act, 2019.

 

Before   Shri Jaswant Singh……President.

              Shri Vineet Kaushik…….Member

              Dr. Suman Singh……Member

 

Argued by:  Ms. Seema Bhardwaj, counsel for the complainant.

                    Opposite party exparte.

 

                    (Vineet Kaushik, Member)

ORDER:                     

          

                 The complainant has filed the present complaint Under Section 35 of Consumer Protection Act, 2019 against the opposite party (hereinafter referred to as ‘OP’) on the averments that complainant is running a shop of Kiryana at village Kohand, District Karnal for earning his livelihood. The officials of the OP constantly contacted the complainant telephonically for obtaining the loan from their company. He was told that a loan of Rs.30,00,000/- would be provide to him. The complainant specifically told the officials of the OP that he requires the overdraft facility vide which he could only pay the interest on the amount which he shall use and no interest shall be charged on the remaining unused amount. The officials of the OP assured the complainant that loan in the shape of overdraft facility shall be provided to him and the complainant shall have to pay Rs.35/- per day as interest for every Rs.1,00,000/- per month. They further assured the complainant that the loan in the shape of overdraft facility for Rs.30 lakh shall be granted to him. At that time, the officials of the OP obtained the signatures of the complainant and his wife Reena to whom he showed her as a co-borrower, on several blank as well as printed papers. The officials of the Op had taken the signatures of the complainant and his wife on the said papers on 11.05.2023.  Thereafter, complainant was surprised to see that instead of Rs.30,000,00/- , a sum of Rs.5,00,000/- as loan has been sanction in his favour by the OP and a sum of Rs.24,000/- has been deducted towards the processing charges. The said loan amount has to be paid in monthly installments of Rs.20,135/- per month. The complainant immediately approached the officials of the OP to enquire about the matter and also obtained the copies of the documents got signed from him and his wife and after the perusal of the said documents, on some places his signatures as well as signatures of his wife have been forged by the officials of the OP. When complainant asked about the same, the OP did not give any satisfactory reply and also directed the complainant to pay the abovesaid loan amount in monthly installments. The complainant requested the OP to close his loan account and to take back their loan amount because a fraud was played upon him and he was misguided in obtaining the said loan as he wanted to obtained the loan in the shape of overdraft facility but OP gave him a sum of Rs.4,76,000/- and Rs.24,000/- has been deducted towards the processing charges, OP refused to close his loan account and to take back the loan amount. In case, complainant does not get the loan amount of Rs.5,00,000/-, it would have adversely affected his CIBIL. By sanctioning the loan of  Rs.5,00,000/- instead of Rs.30 lakhs and by forging the signatures of the complainant and his wife and also preparing a schedule to pay the loan amount in monthly installments and by charging a huge rate of interest, the OP has committed deficiency in service and unfair trade practice. Hence this complaint.

2.             On notice, OP did not appear despite service and opted to be proceeded against exparte, vide order dated 06.07.2023 of the Commission.

3.             Learned counsel for the complainant has tendered into evidence his affidavit Ex.CW1/A, copy of chat with Bank/Finance Agent Ex.C1, copy of request for disbursed form Ex.C2, copy of loan documentation Ex.C3 and closed the evidence on 23.11.2023 by suffering separate statement.

4.             We have heard the learned counsel for the complainant and have gone through the record available on the file carefully.

5.             As per version of the complainant, he applied loan of Rs.30,00,000/- but OP has sanctioned only Rs.5,00,000/- and he requested to the OP to close the his loan account. The onus to prove his version was relied upon the complainant but he has miserably failed to prove the same by leading any cogent and convincing evidence. There is nothing on the file to prove that complainant moved an application for closing of his loan account. The OP has sanctioned the loan as per the status of the complainant not as per the his requirement. If the complainant was entitled for the amount of Rs.30,000,00/- of loan amount, the OP would have approved it. Furthermore, complainant alleged that after the perusal of the loan documents, on some places his signatures as well as signatures of his wife have been forged by the officials of the OP. If the complainant has any grievance in this regard, he should approach to the police but complainant has failed to approach the police for taking action against the OP.

6.             Thus, in view of the above discussion, the present complaint is devoid of any merits and same deserves to be dismissed and the same is hereby dismissed. No order as to costs. The parties concerned be communicated of the order accordingly and the file be consigned to the record room after due compliance.

Dated: 06.02.2024.                                                 

                                                                  President,

                                                       District Consumer Disputes

                                                       Redressal Commission, Karnal.

 

                (Vineet Kaushik)        (Dr. Suman Singh)

                     Member                        Member