Ld. Advocate(s)
For Complainant: Mr. Md. Baharuzzaman
For OP/OPs : Sunita Guha
(2)
Date of filing of the case :05.08.2019
Date of Disposal of the case : 05.06.2023
Final Order / Judgment dtd.05.06.2023
Complainant above named filed this complaint u/s 11 and 12 of the Consumer Protection Act, 1986 on 05.08.2019 against the aforesaid opposite parties praying for compensation amounting to Rs.2,00,000/-, Rs.1,90,000/- for his harassment, mental pain , compensation amounting to Rs.1,00,000/- ,compensation amounting to Rs.10,000/- as legal expenses and for any other reliefs.
He alleged that he is a small businessman and took a personal loan from OP No.2. Said loan was entertained and sanctioned over a telephonic discussion.
Amount of loan is Rs.1,00,000/-, rate of interest between 14% and 15% annualized processing fees on different rates were collected as Rs.299/-+2490/-+448/- in total Rs.3237/-. Repayment period was 36 months EMI were fixed between Rs.3418/- to 3467/-. OP NO.2 credited Rs.95,708/- in the account of complainant. EMI was deducted from the savings bank account of the complainant on 06.08.2018 amounting to Rs.4706/- which was much higher than the settled amount in between 3418/- to 3467/-. Thereafter, complainant contacted with the OP NO.2 on repeated numbers. He sort for copies of document executed by the complainant then OP No.2 sent sanctioned letter dated 28.07.2018 by Registered Post.
On perusal of the said sanction letter he found that amount of sanctioned loan has been described as Rs.1,10,000/-, rate of interest has mentioned as 30.6% EMI has mentioned as Rs.4706/-. In spite of repeated request OP NO.2 did not sent account statement in favour of the complainant. Thereafter, complainant visited the office of OP No.2 then he replied that loan has sanctioned “HOT LINE”. They are undone and not in a position to entertain any grievance of the complainant even though it was genuine. Thereafter, complainant informed the entire matter to the different authorities. Thereafter, complainant expresses his intention to close the aforesaid loan account. After having discussion with the company he deposited Rs.40,000/- on 22.01.2019 and Rs.40,000/- on 22.02.2019 in favour of the OP No.2. Thereafter, complainant had received one notice from Ld. Advocate of the OP No.1 & 2 on 04.12.2018 and said Ld. Advocate directed the complainant to pay outstanding balance of Rs.1,19,219/- together with interest and charges as per terms of the said agreement within 7 days from the date of receipt of the notice along with additional interest at the rate of 24% till realisation of the outstanding amount. Hence, the complainant filed this case and paid the aforesaid relief.
(3)
OP NO.1 & 2 contests the case by filing W/V. They denied the entire allegations of the complaint. They further contented that the complainant is well conversant with the terms and conditions of the loan facilitated and availed by him. He was unable to pay his monthly EMI. Complainant filed this case just to harass the opposite parties.
Trial
During trial complainant filed affidavit in chief on 21.12.2022. He also filed another affidavit in chief on 16.11.2022. OP NO. 1 & 2 did not file any affidavit in chief.
DOCUMENTS
Complainant at the time of filing of complaint filed the following documents viz :-
- Xerox copy of pass book & account statement vide account no.32781644993...........(Five sheets)..........(Annex-A-1)
- Xerox copy of agreement letter issued by Capital First dtd. 28.07.2018..........(One sheet)......(Annex-A-2)
- Xerox copy of Account Statement issued by Capital First dtd. 20.08.2018.........(Two sheets).........(Annex-A3)
- Xerox copy of letter issued by complainant Nikunj Bairagi to Vice President/Public Relations Officer dtd. 07.09.2018..........(12 sheets)........(Annex-A-4)
- Xerox copy of two Cash Received amounting to Rs.80,000/- dtd.22.01.2019 & 22.02.2019.........(One sheet)..........(Annex-A-5)
- Xerox copy of letter issued by OP No. 1&2 through Ld. Adv. to Complainant dtd. 04.12.2018...........(One sheet).........(Annex-A-6)
- Xerox copy of document for repayment dtd. 30.05.2019.........(Nine sheets)..........(Annex-A-7)
OP No.1 & 2 produced following documents:-
- Xerox copy of Account Statement dtd. 23.12.2019..........(Nine sheets)
Brief Notes of Argument
Complainant filed BNA and OP NO.1 & 2 filed BNA.
(4)
Decision with Reasons
We have carefully considered the petition of complaint, W/V of OP No.1 & 2, affidavit in chief of the complainant, documents filed by the complainant, BNA of the complainant and BNA of the OP NO.1 & 2 no objection have raised by the OP NO.1 & 2 regarding genuineness of the documents filed by the complainant. Accordingly, we are of the view that the aforesaid documents should be considered.
On perusal of statement of loan account of complainant filed by the OP NO.l & 2 and complainant, we find that loan of Rs.1,10,000/- has been sanctioned in favour of the complainant on 16.07.2018. But OP NO.2 deducted Rs.5437/- as life insurance premium but OP NO.2 not yet produce any document in respect of the aforesaid policy. Accordingly this Commission is not approved the said amount.
OP No.2 also deducted Rs.299/- as other charges. OP NO.2 not yet filed any documents in respect of the said deduction so said amount is not approved.
OP NO.2 further deducted sum of Rs.1350/- as credited Bidya. OP NO.2 not yet produced any document in support of the said deduction. Even he not yet explained the said amount satisfactorily before this Commission. Accordingly, the said amount is not approved.
OP NO.2 further deducted a sum of Rs.4300/- as IHO Due but OP NO.2 not yet produced any documents in support of the claim and they not yet explained the said amount before this Commission properly.
So said deduction is not approved.
OP NO.1 & 2 further deducted an amount of Rs.2906/- as PF-RECD FRM CUST IRR-NDEF-DUE Rs.2906/- but they did not explain the said amount nor produced any documents regarding the aforesaid claim before this Commission. Accordingly said amount is not approved.
From the loan account we find that OP NO.1 &2 sanctioned Rs.1,10,000/- and deducted Rs.5,437/-, Rs.299/-,Rs.1,350/-, Rs.4,300/-, Rs.2906/- with in total = Rs.14,292/-. After deducting the said amount they paid Rs.95,708/- in the savings bank account of the complainant.
On perusal of said loan account, we find that complainant paid some amount in favour of the OP NO.1 & 2 on different dates as EMI.
From the aforesaid loan statement we also find that complainant paid Rs.40,000/- on 23.01.2019.
(5)
Complainant stated in the petition of complaint that he paid Rs.40,000/- on 22.01.2019 and also paid Rs.40,000/- on by 22.02.2019 that is in total Rs.80,000/-.
But in the aforesaid statement first Rs.40,000/- has been included on 23.01.2019 and second Rs.40,000/- dated 22.02.2019 has been included on 25.02.2019.
From the aforesaid discussion , it is clear before us that complainant has paid Rs.80,000/- in favour of the OP NO.1 & 2 out of the aforesaid loan amount of Rs.1,10,000/-.
We have stated earlier that an amount of Rs.14,292/- has been deducted whimsically without any foundation from the account of the aforesaid loan so we have no other alternative but to direct the OP No.1 & 2 to treat the aforesaid amount of Rs.14,292/- as repayment in the disputed loan account.
Having regard to the aforesaid discussion, it is clear before us that OP NO.1 & 2 by malafide process prepared the loan account and claiming amount from the complainant. But OP NO.1 & 2 are claiming an amount of Rs.1,19,219/- through his Ld. Advocate from the complainant. But OP No.1 & 2 failed to explain before this Commission about the said claim of Rs.1,19,2017/-. Accordingly, we find that complainant has established his grievance that OP NO. 1 & 2 illegally claiming much more amount from him than their actual entitlement.
In the result present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP NO.1 & 2 with cost of Rs.5,000/- (Rupees Five thousand) to be paid by OP NO.1 & 2 in favour of the complainant.
OP NO.1 & 2 are directed to issue fresh statement after noting the amount of loan as Rs.1,10,000/- (Rupees One lakh Ten thousand) repayment Rs.14,292/-(Rupees Fourteen thousand two hundred ninety two), repayment amounting to Rs.40,000/-(Rupees Forty thousand) on 23.01.2019, repayment of Rs.40,000/-(Rupees Forty thousand) on 22.02.2019 and other payments made by complainant on different dates.
(6)
OP NO.1 & 2 are directed to charge interest @ 14% in the form of banking system and they shall sent the fresh loan account statement in favour of the complainant within a month from this date and refund the amount if it found that complainant paid excess amount and complainant shall pay the amount of due if it is found within next two months .
OP NO.1 & 2 are further directed to pay Rs.10,000/- (Rupees Ten thousand) as compensation in favour of the complainant for his harassment, mental pain and agony.
Let a copy of this final order/ judgment be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
I concur,
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MEMBER
(NIROD BARAN ROY CHOWDHURY)
