Date of filing:- 27/02/2023.

Date of Order:-30/07/2024.

DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION

B A R G A R H (ODISHA).

Consumer Complaint No. 25 of  2023.

            Bhramar Behera, aged about 52(fifty two) years, Son of Late Kshayamanidhi Behera, Resident of village Bagbadi, Po/Ps/Tah. Barpali, Dist. Bargarh, Mob-9439665783                                                                     .....            ....     .....         Complainant.

-: V e r s u s :-

            The Branch Manager, Bajaj Finaserv, Bajaj Finance Ltd, Bargarh, At- Sai Bhagabati Complex, Bhatli Chowk, Bargarh, Po/Ps/Tah- Bargarh, Odisha, Pin-768028.                                                                          .....            .....       .....                 Opposite Party.

Counsel for the Parties:-

For the Complainants :-                       Sri S.B.Mishra, Advocate with associates.

For the Opposite Party :-                     Ex-parte.

                                                            -: P  R  E  S  E  N  T :-

Smt. Jigeesha Mishra               .....       .....       .....       .....       .....       P r e s i d e n t.

Smt. Anju Agrawal             .....            .....       .....       .....       .....       M e m b e r (W).

Dt.30/07/2024.                                 -: J   U  D   G  E  M  E  N  T:-

Presented by Smt. Anju Agrawal, Member(w):-   

1)         The case of the Complainant is that the Complainant when persuaded by the Opposite Party has taken financial loan of ₹1,98,000/-(Rupees one lakh ninety eight thousand)only on Dt.20-03-2019 bearing loan Account No. U43RPLED130246 for a period of 3(three) years. After observing all formalities the Opposite Party paid loan amount through the account of the Complainant. The Complainant was paying ₹8,553/-(Rupees eight thousand five hundred fifty three)only per month as auto debit from the account of the Complainant. Although all dues was paid by the Complainant, the Opposite Party did not issue no dues certificate and the Opposite Party and his staff asked for more money and believing it the Complainant paid more money to the Opposite Party and at last the Opposite Party issued No Dues Certificate in favour of the Complainant. Further, the Complainant found that the Opposite Party without the consent and authority of Complainant has opened a loan account in the name of the Complainant for an amount of ₹ 1,99,023/-(Rupees one lakh ninety nine thousand twenty three)only pending till date 27-09-2022. The Complainant has no legal liability to pay any of the amounts to the Opposite Party, a legal notice was sent on Dt.27-09-2022 but the Opposite Party after receipt of the said legal notice remained silent. The Opposite Party has made unfair trade practice as well as the Complainant has suffered physically and mentally for which the complaint is filed by the Complainant before this Commission praying that the Opposite Party be directed to not to harass the Complainant as he is not at all liable for the loan amount as the loan amount has already been cleared and to refund the amount deposited in the alleged loan account agreement No. U43FRPFZ084310 dated 22-05-2020 and ₹1,00,000/-(Rupees one lakh)only towards mental agony and paid and ₹ 10,000/-(Rupees ten thousand)only towards litigation cost.

2)         The case of the Opposite Party is that the Opposite Party did not appear before this Commission, accordingly Opposite Party is set ex-.parte.

3)         Perused the documents filed by the Complainant it reveals that the Complainant has availed loan vide Account No. U43RPLED130246  for an amount of ₹ 1,98,000/-(Rupees one lakh ninety eight thousand)only and the said loan was closed by the Opposite Party and no dues certificate was issued in favour of Complainant on Dt.22-05-2020. The Complainant came to know that an loan account bearing No. U43FRPFZ084310 on Dt.22-05-2020 has been opened without taking consent of the Complainant, the Complainant know about the loan when the Opposite Party staff threatened for recovery of EMIs. The Opposite Party despite receipt of notice of this Commission preferred to remain ex-parte for which the  complaint petition is not disputed.  It is the duty of the Opposite Party to explain terms and conditions and take consent of the Complainant while opening a new loan account. The Opposite Party has adopted unfair trade practice by not taking the consent of the Complainant and opened a loan bearing Account No. U43FRPFZ084310 Dt.22-05-2021 and demanding the EMIs for which the Complainant got harassed. Accordingly the following order is passed.          

                                                            O  R  D  E  R

5)         The complaint is allowed ex-parte against the Opposite Party. The Opposite Party is directed to close the loan account bearing No. U43FRPFZ084310 and issue no dues certificate to the Complainant within one month of this Order. Further the Opposite is directed to pay Rs. 10,000/-(Rupees ten thousand)only for unfair trade practice and Rs.10,000/-(Rupees ten thousand)only towards litigation cost to the Complainant. All the above order to be complied within one month, failing which, the entire awarded amount shall carry 12%(twelve percent) per annum interest till realization.

6)         Accordingly the order is pronounced in the open Commission to-day i.e.  Dt.30/07/2024 and the case is dismissed against the Opposite Party and disposed off.

                                                                                             Typed to my dictation

                                                                                              and corrected by me.

                                    I agree,                                               ( Smt. Anju Agrawal)

                                                                                                     M e m b e r(w).

                       (Smt. Jigeesha Mishra)

                              P r e s i d e n t.