Order No. 12

Ld. Counsel appearing for the Appellant is present.

Today is fixed for ex parte hearing of the appeal.

The appeal is taken up for ex parte hearing.

Being aggrieved by and dissatisfied with the Order dated 07.10.2021 dismissing the complaint case no. 293/2021 with the observation that the case is pre-mature one and it was dismissed without being admitted, this Appeal was filed.

The impugned Order was passed by the Ld. DCDRC, Rajarhat, (New Town).

The grievance of the Appellant/Complainant is that the Complainant took a loan of Rs. 4,74,000/- for which EMI was fixed at Rs. 12,036. The Complainant made repayment of loan between 02.11.2019 to 04.04.2020 by instalments at aforesaid rate of Rs. 12,036/-. OPs being money lender firm brought down the EMI from 12,036/- to 6,923/-, on the ground the loan scheme was converted from ‘fixed’ to ‘flexible’ criteria.

According to the Appellant, the money lender firm brought down the EMI from 12,036/- to 6,923/- arbitrarily, for which the Complainant would be required to make excess payment on account of interest.

According to the Complainant this was done arbitrarily by the OP without giving proper intimation.  

So, we find that there is merit in the appeal and the case is required to be remanded back to the Ld. Commission below in the interest of the justice to the Consumer.

Hence, it is,

O R D E R E D

That the Appeal being no.46/2022 is allowed ex parte without any cost.

The impugned order is set aside.

The parties are directed to appear before the Ld. Commission below on 17.01.2025.

The Ld. Commission below is requested to dispose of the case in accordance with law within three months from the date of their appearance without being influenced by any observation made by this Court.

Order of Interim Stay, if there is any, stands vacated.

Let a copy of this order be made available to the parties concerned free of costs.

Appeal being no.46/2022 stands disposed of.

Note accordingly.