DATE OF DISPOSAL: 16.08.2023

PER:   SRI SATISH KUMAR PANIGRAHI, PRESIDENT:

The fact of the case in brief is that the complainant has filed this Consumer complaint under section 12 of the Consumer Protection Act, 1986 alleging deficiency in service and unfair trade practice by the Opposite Parties (in short O,.Ps) and for redressal of his grievance before this Commission. 

The complainant is a Doctor and now studying at M.K.C.G. Medical College and Hospital, Berhampur. The O.Ps are having finance business and lending loan is one of the business activities. To meet out personal need, the complainant discussed with sales person of the O.Ps at Berhampur on 21.11.2019 and as per discussion, the complainant agreed to apply for a personal loan of Rs.2,00,000/-. The O.Ps sanctioned an amounting of Rs.22,26,318.00 under PRO Hybrid Flexi Loan Application number 12169015254 instead of Rs.2.00 lakhs, the reasons best known to them and an intimation/information sent to the complainant. On 27.11.2019 on the aforesaid information regarding disbursement of Rs.22,26,318.00 received from the O.Ps the complainant approached the sales person of the O.Ps who had approach the complainant at Berhampur through whatsapp and requesting through whatsapp on the same day that, “ Please cancel my loan in any stage before disbursement and I had complaint to the Bajaj Finesrv that to stop processing my loan but nobody has given any answer to it.” Simultaneously, the complainant also sent a email to cancel professional loan application 12169015254 with mentioning the detail reasons. On receipt of the email from the complainant, the O.Ps from the above mentioned email issued an email on the same day i.e. 27.11.2019 by stating that, “as per your request we have forwarded your request to the concern team to stop the processing of the loan application. Also, we request you to do not provide any confirmation or the documents to process the loan application”. On 28.11.2019 the complainant again approached the grievance redressal team of the O.Ps through email and requested them to cancel the loan vide Account No. 12169015254. On receipt of the said email of the complainant, the above mentioned team of O,.Ps discussed with the complainant and also replied on same day and given assurance through the email that, “ However, as per our telephonic conversation and confirmation from your end we have forwarded yours details to our sales to cancel the personal loan lead in records”. On 29.11.2019, the attaching all related files, the complainant again sent another email as to why the loan application has not been closed inspite of so many mails and also mentioned that ‘forcibly you have sanctioned the amount. I will take the help of legal action, please close the loan’. On receipt of the above mentioned email, the grievance redressal team of the O.Ps issued another email on 29.11.2019 to the email Id of the complainant and requested him to use Virtual Account Number (VAN):- 392099129184802609 of HDFC Bank  which is stands in the name of the O.Ps, for making part payment. When nothing could be done by the O.Ps, the complainant approached to the Consumer Counseling Center, Ganjam, at Berhampur on 03.12.2019 and filed a written complaint. After intervention into the matter, the consumer counseling centre discussed and issued the notice through email to said O.P. but to no avail. As per advice of the grievanceredressalteam@bajajfinserv.in the complainant deposited entire received amount in his account to the said VAN of the O.Ps through RTGS. The complainant approached the grievance redressal team of the O.Ps through email several times to return the blank cheques bearing No. 75421 & 75422 issued at the time of application for personal loan and close the loan account but all are paid deaf ear to his grievance. After said deposit, the O.Ps did not cancel and/or close the said professional loan account of the complainant rather claimed FIRST EMI of Rs. 7749/- for 4C2HFPFN161779 due on 02.01.2020 on 31.12.2019.  On verifying entire transaction, the O.Ps sanctioned the loan as per their wish and pleasure. The complainant discussed with the sales team of the O.Ps for personal loan amounting to Rs.2.00 Lakhs but the O.Ps were sanctioned Rs.21,58,426.00 without implicit consent, intentionally and deliberately not closing the said loan account to harass and collect huge amount from the complainant which speaks volumes against the O.Ps and tantamount to deficiency in service and unfair trade practice by changing the product in application of loan and for which the complainant is suffering from irreparable agonies i.e. from mentally, physically and financially since the date of sanction of loan by the O.Ps. Alleging deficiency in service on the part of the O.Ps the complainant prayed to direct the O.Ps to close the loan account bearing No. 4C2HFPFN161779 immediately and permanently, not to claim First EMI of Rs.7749 and future EMI and stop deduction of amount from the running account of the complainant, to return the two blank cheques bearing No. 75421 and 75422 of Union Bank of India, compensation of Rs.20,000/- and litigation cost of Rs.5,000/- to the complainant in the best interest of justice.  

            3. Notices were issued against the Opposite Parties which became sufficient but they neither choose to appear nor filed any written version in the stipulated time period as per C.P.Act, 2019. Hence all the O.Ps set exparte on dated 12.05.2023.

           4. To substantiate his case the complainant has filed affidavit in support of his case. 

           5. On the date of exparte hearing of the case, we heard from the complainant and perused the case record and the materials placed on it. The complainant discussed with the sales team of the O.Ps for personal loan amounting to Rs.2,00,000/-(Rupees Two Lakhs) but the O.Ps were disbursed Rs. 2158426/- without implicit consent, and thereafter on several conversation through email, and whatsapp, the Ops intentionally and deliberately not closing the said loan account to harass and collect huge amount in shape of the EMI from the complainant which is speaks volumes against the O.Ps and their guilty intention. The very act of the Ops is tantamount to deficiency in service and unfair trade practice by changing the product in application of loan and for which the complainant is suffering from irreparable agonies i.e. from mentally, physically and financially since the date of sanction of loan by the O.Ps.

6. We have also thoughtfully considered the submissions made before us by the complainant. It is pertinent to mention here that though opportunity was given to the O.Ps to defend the case but they failed to do so. As such taking the sole testimony of the complainant into consideration it is presumed that the complainant’s contention is true.

7. On foregoing discussion it reveals that the complainant made offer to the op for sanction of loan of Rs.2,00,000/- and the ops are agreed to the offer and accordingly the same has been confirmed by issuing of the cheque, the agreement is complete between the parties.  After the contract is completed, it is the duty of the ops to sanction of loan amounting of Rs.2,00,000/- only not more than contract amount i.e., Rs. 22,26,318.00. It is breach of the contract made by the OPs and for that the OP is liable to pay the damages. Further the record reveals that, the complainant on view of the breach of contract, requested the ops to cancel the contract and return the blank cheques but the ops have not performed as per their commitments which is tantamount to deficiency in services. Hence, in our considered view there is deficiency in service on the part of the O.Ps.

The Commission relied upon the law laid down by the Hon’ble State Commission, Odisha at Cuttack in FA No.:492/2018, Date of Order:11.01.2021 held in Supriyo Ranjan Mahapatra v.M/s Amazon Development Center India Pvt. Ltd. ‘on breach of Contract.’

In the result, the complainant’s case is allowed on exparte against the O.Ps. The O.Ps are jointly and severally liable as such they are directed to close the loan account bearing No. 4C2HFPFN161779 of the Complainant permanently, not to claim any EMI amount and penalty amount if any from the Complainant. Further it is directed to the Ops return the two blank cheques bearing No. 75421 and 75422 of Union Bank of India issued in favour of the OPs, and refund the penalty, if any,  charged towards nonpayment of the EMI, by the complainant since the date of sanction of loan and also directed to pay compensation of Rs.15,000/- and litigation cost of Rs.5,000/- to the complainant within 45 days from the date of receipt of this order, failing which all the dues shall carry 12% interest per annum till its actual date of realisation and the complainant is at liberty to take appropriate steps in accordance to the Consumer Protection Act, 2019 for realization of all dues.

This case is disposed of accordingly.

The Judgment be uploaded on the www.confonet.nic.in for the perusal of the parties.

A certified copy of this Judgment be provided to all the parties free of cost as mandated by the Consumer Protection Act, 2019. A copy of this order be also sent to the Secretary, State Consumer Disputes Redressal Commission, Odisha, Cuttack for information.

Pronounced on 16.08.2023