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BEFORE THE HON’BLE DISTRICT CONSUMER DISPUTE
REDRESSAL COMMISSION |
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KOLKATA
UNIT-III (South), West Bengal |
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18,
Judges Court Road, Kolkata 700027 |
Consumer Complaint no. ______________of
2022
In
the matter of ;
An
application under Section 35 of the Consumer Protection Act’ 2019;
AND
In
the matter of ;
Smt.
Sabita Singh, Wife of Sri Lallan Singh, aged about 42 years, residing at
premises being no. 232, Dhalipara, Purba Putiary, Near Panchanan Play Ground,
Police Station – Regent Park, Kolkata – 700093, District – South 24 Parganas,
Mobile Number : 7890496544.
_________Petitioner
-
Versus –
1.
M/s. Dhani Loans and Services Limited
{CIN : U74899DL1994PLC062407}, having its
Registered Office at Premises being no. 1/1E, First Floor, East Patel Nagar,
New Delhi, West Delhi – 110008, Email ID: ram.g@dhani.com
2.
M/s. Dhani Loans and
Services Limited {CIN : U74899DL1994PLC062407}, having its Corporate Office at
Premises being One International Centre ( Formerly IFC) Senapati Bapat Marg,
Elphinstone Road, Mumbai – 400013, Email ID: support@dhani.com
__________Respondents
Application Valued at Rs. 50,000/-
To,
The Hon’ble President
and His Companion Members of the Hon’ble District Consumer Disputes Redressal
Commission Kolkata Unit – III (South), West Bengal;
The humble petition of the above named Petitioner, most
respectfully;
Sheweth as under ;
1.
That the Petitioner
is a peace loving and law abiding Citizen of the Country. Your petitioner is
residing at the address given in the cause title of this application.
2.
That the Petitioner
is a Middle aged Self Employed lady, carrying business of Pet Food and related
items in the name and style “Twittle Products” for her livelihood.
3.
That the Respondents
being Dhani Loans and Services Limited,
formerly Indiabulls Consumer Finance Limited is a non-deposit taking NBFC
registered with the Reserve Bank of India and is a 100% subsidiary of Dhani
Services Limited. As digitization transformed the banking and financial sector,
the company recognized a great opportunity and ventured into the retail lending
space with Dhani Loans and Services Limited. On the back of this digital
transformation, Dhani Loans and Services Limited, has struck a sweet spot by
providing a future ready digitised product to its consumers with Dhani. Dhani
is a completely online personal loan fulfillment offering which provides customers
with money directly in their bank accounts. The product has been developed to
cater to the aspirational needs of the everyday Indian by providing speed and
convenience to their personal loan needs. Along with personal loans, DLSL also
caters to small and medium businesses by offering business and other Loans.
4.
That Since the month
of September’ 2021, the executive and personnel of the respondents approached
your petitioner for availing financial facilities, over Phone through calls of
several occasion, and while the petitioner did not show her interest in taking
any financial assistance. Thereafter in the month of December’ 2021, the
respondents came with new designed offer of Credit Card namely “Dhani OneFreedom Card” is “an
entry-level credit card that is best suited for people who are new to credit.
You can avail 2% Cash-back on every transaction via this credit card. One of
the best features of this credit card is that you can pay your bill in 3 easy
installments, which is great for people with low repayment capacity.
Additionally, there is no minimum credit score requirement for this credit
card, hence beginners can also apply for this and start building their credit
journey with NIL Joining Fees, NIL Renewal Fees, Dhani Subscription Fees – Rs.
199 per month, Eligible for Solarized or Self Employed, Document Require –
Aadhar Card”. Thus the respondents allured your petitioner to avail such Credit
Card, and accordingly the petitioner accepted the offer of the said Credit
Card.
5.
That in the month of
January’ 2022, the respondents herein send a Credit Card namely “Dhani OneFreedom Card” having
number as 5085070203322359, which valid from 06/21 until end of 06/26, having
Credit limit up-to Rs. 50,000/- ( Rupees Fifty Thousand ) only, to the
Petitioner. Your petitioner started using the said credit card on the following
dates and credits;
a)
18-01-2022 – card
used for Rs. 4,500/-
b)
23-01-2022 – card
used for Rs. 501/-
c)
23-01-2022 – card
used for Rs. 1,035/-
d)
24-01-2022 – card
used for Rs. 5,000/-
e)
25-01-2022 – card used
for Rs. 5,000/-
f)
27-01-2022 – card
used for Rs. 5,000/-
Total - card used for 21,036/- ( Rupees Twenty
One Thousand and Thirty Six ) only.
6.
That your Petitioner
using the said Credit Card and accordingly paying to the respondents,
continuously since 5th day of 2022, up-till 28th day of
March’ 2022. Your petitioner paid a total sum of money as Rs. 23,582/- ( Rupees
Twenty Three Thousand and Five Hundred Eighty Two ) only, to the Respondents.
7.
That your petitioner
has paid extra money as of Rs. 2,452/- to the respondents, as the same has been
asked for in different heads, etc., whereas the monthly subscription has been
wrongly charged as of Rs. 825/- ( Rupees Eight Hundred and Twenty Five) only,
and other similar amounts as appeared in the statements of the
respondents.
8.
That your petitioner
begs to say that on and after using the said credit card for Rs. 21,036/- (
Rupees Twenty One Thousand and Thirty Six ) only, the respondents without
showing any reasons, “Blocked” the said Credit Card, therefore your petitioner
was not able to use the said credit card after 27th day of January’
2022, though the petitioner paid her dues as shown and asked by the
respondents. Your petitioner is not a defaulter in making her payments to the
respondents.
9.
That your petitioner
begs to say that lastly on 28th day of March’ 2022, your petitioner
made payment of Rs. 1,666/- ( Rupees One Thousand and Six hundred and Sixty Six
) only, to the respondents, which has been intentionally kept in wallet of
Dhani of the respondents, and the same has not been adjusted with the dues
thereof. However on several call and followed up the respondents taken such
money from their wallet to the dues and adjusted accordingly on 04-04-2022.
10.
That your Petitioner
begs to say that the respondents has taken monthly subscription fees as Rs.
825/- on 05-01-2022, Rs. 990/- on 23-02-2022, and Rs. 2,007/- on 20-03-2022,
thus a total sum of Rs. 3,822/- ( Rupees Three Thousand and Eight Hundred and
Twenty Two ) only, which has never been in their terms as shown and said
earlier prior in giving the said Credit Card to your Petitioner.
11.
That your Petitioner
begs to say that the respondents again asked for Rs. 1,735/- as Due in the said
Credit Card, which your petitioner objected as no due has ever been lying in
the said credit card. Your petitioner is astonished to know such new dues
arisen by the respondents, while excessive payment as of Rs. 2,452/- with
disputed alleged subscription fees as Rs. 3,822/- has already been duly paid to
the respondents.
12.
That your Petitioner
begs to say that your petitioner paid a total sum of Rs. 23,582/- ( Rupees
Twenty Three Thousand and Five Hundred Eighty Two ) only, to the respondents
while using the said Credit card for a sum of Rs. 21,036/- ( Rupees Twenty One
Thousand and Thirty Six ) only. After having such excessive payment, again the
respondents asked for Rs. 1,735/- as Due in said Credit Card, which your
petitioner objected as no due has ever been lying in the said credit card. Your
petitioner is astonished to know such new dues arisen by the respondents, while
excessive payment as of Rs. 2,452/- with disputed alleged subscription fees as
Rs. 3,822/- has already been duly paid to the respondents.
13.
That your Petitioner
begs to say that your petitioner asked the respondents to cancelled the said
credit card on 31st day of March’ 2022, but the same has been denied
by the respondents and the respondents time and again asked for money showing
overdue in the said credit card.
14.
That your Petitioner
begs to say that the disputes referred herein above are the Consumer Disputes
as meant for the Consumer Protection Act 2019. Your petitioner is a Consumer
and the Respondents are the service Provider in terms of the proviso of the Consumer
Protection Act’ 2019.
15.
That your petitioner
seeks to get his excessive paid money as of Rs. 2,452/- and the unauthorized
subscription fees monthly as of Rs. 3,225/- with permanent cancellation of the
said Credit Card namely “Dhani OneFreedom Card” having number as 5085070203322359, which valid
from 06/21 until end of 06/26, from the respondents.
16.
That your petitioner
begs to say that the above stated facts well established the cause of
deficiency in services and unfaire trade practices on the part of the
respondents, herein.
17.
That the Petitioner states and submits
that the Petitioner is victim of the purported acts and deficiency in services
at the instances of the respondents and the acts of the respondents as well as the
facts are well constitute the deficiency in services and unfair trade practices
on the part of the respondents.
18.
That the Petitioner states and submits
that the purported activities of the respondents established deficiency in
services, which is contrary to the Law.
19.
That the Petitioner states and submits
that from all of the statements made above, it is clear that the respondents
are guilty of deficiency in services as meant for in the Consumer Protection
Act 2019.
20.
That the Petitioner states and submits
that the respondents shall also pay the Compensation due to the Petitioner for
harassment, troubles, physical inconvenience and mental agony arising directly
out of the breach of the duty on the part of the respondents. The Petitioner
assesses such loss and damages as of Rs. 50,000/- ( Rupees Fifty Thousand )
only.
21.
That the Cause of action arose at
first while the Respondents sent the said Credit Card to the petitioner on
01-01-2022 and thereafter on different dates while the respondents asked and
taken money from the petitioner, and the last payment was made by the
petitioner on 28-03-2022, and thereafter not resolving the issues raised by the
petitioner and again asking for money, are sufficient causes in continuation
and since substantial period of more than two months has been elapsed and
resolution has not come to the Petitioner. Thus the Petitioner resort before
the Hon’ble District Consumer Disputes Redressal Commission.
22.
That the Petitioner enclosing herewith
the documents / papers relied on by the Petitioner with this application, as
follows :
i)
Photostat copy of the said Credit
Card;
ii)
Email communication to the
respondents;
iii)
Transaction statements of the
respondents;
iv)
Bank statement of the petitioner;
v)
Printout of screen shot of refusal of
the respondents;
23.
That the instant application /
Petition, is within the jurisdiction of the Hon’ble District Consumer Disputes
Redressal Commission, as the Petitioner is residing under the jurisdiction of
Regent Park Police Station.
24.
That the present Complaint / application
/ petition is being filed within the period as prescribed under Section 69 of
the Consumer Protection Act’ 2019.
25.
That your Petitioner crave leave to
produce the relevant documents / or papers at the time of hearing or evidence
during trial of the present consumer proceeding before the Hon’ble District
Consumer Disputes Redressal Commission, Rajarhat (New Town).
26.
That the present Consumer Complaint
being made bona-fide and in the interest of administration of justice.
27.
The Petitioner therefore prayed for :
Under the above facts and
circumstances, it is prayed that the Hon’ble District Consumer Disputes
Redressal Commission Kolkata Unit – III (South) would graciously be pleased to
grant the following prayers / relief / reliefs :-
a)
To direct the
respondents to cancelled the said Credit Card namely “Dhani OneFreedom Card” having
number as 5085070203322359, which valid from 06/21 until end of 06/26, with
immediate effect;
b)
To direct the respondents to pay excessive paid money as of Rs. 2,452/- and the
unauthorized subscription fees monthly as of Rs. 3,225/- to the Petitioner;
c)
To direct the Respondents to pay
compensation as for the harassment, troubles, loss, physical inconveniences and
mental agony, suffered by the Petitioner from the purported activities and
others by the respondents as assessed as Rs. 50,000/- ( Rupees Fifty Thousand )
only, to the Petitioner, in the interest of administration of Justice;
d)
To grant the cost of the present
consumer proceeding;
e)
To grant any other relief or alternate
relief to the complainants as found out by the Hon’ble District Commission, in
the facts and circumstances of the Complainants.
f)
To pass such other necessary order or
orders as the Hon’ble District Consumer Disputes Redressal Commission Kolkata
Unit – III (South), may deem, fit and proper for the end of Justice.
And for this act of kindness, the
Complainants, as in duty bound shall ever pray.
Verification
I, Smt. Sabita Singh, being the
Complainant herein, do hereby declare that the foregoing paragraphs no.
_________to _________ are true to the best of my knowledge and belief and the
rests are my humble submissions before the Hon’ble District Commission. I duly
sign and verify this application on _______________2022, at the Kolkata.
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Consumer
Complaint no. of 2022
In
the matter of :
Smt.
Sabita Singh
________Petitioner
-
Versus
–
M/s. Dhani
Loans and Services Limited & Others
_________Respondents
AFFIDAVIT
Affidavit of Smt.
Sabita Singh, Wife of Sri Lallan Singh, aged about 42 years, by faith Hindu, by
Occupation Business, residing at premises being no. 232, Dhalipara, Purba
Putiary, Near Panchanan Play Ground, Police Station – Regent Park, Kolkata –
700093, District – South 24 Parganas, West Bengal.
I,
the above deponents do hereby solemnly affirm and declare as under :
1.
I
am the Petitioner and thoroughly conversant with the facts and circumstances of
the present consumer proceeding and are competent to swear this affidavit. My
wife and my father has consented to initiate this consumer proceeding.
2.
The
facts contained in my accompanying consumer complaint or application, the
contents of which have not been repeated herein for the sake of brevity may be
read as an integral part of this affidavit and are true and correct to my
knowledge, and belief.
DEPONENT
Verification
I,
the above named deponents do hereby solemnly verify that the contents of my
above affidavit are true and correct to my best of knowledge and belief and no
part of it is false and nothing material facts has been concealed therein. Verified
this ____________the day of _____________2022, at Kolkata, West Bengal
DEPONENT
Prepared
in my Chamber, Identified
by me,
Advocate
Advocate
Date
: _________________2022.
Place
: Kolkata, West Bengal.
