LAWS(NCD)-2023-9-51

GRUH FINANCE LTD. Vs. VAIBHAV BALBHIM DESHPANDE

Decided On September 25, 2023
Gruh Finance Ltd. Appellant
V/S
Vaibhav Balbhim Deshpande Respondents

JUDGEMENT

(1.) The present Revision Petition ( RP) has been filed by the Petitioner against the Respondent, as detailed above, under Sec. 21(b) of the Consumer Protection Act 1986, against the order dtd. 6/3/2019 of the State Consumer Disputes Redressal Commission Maharashtra ( hereinafter referred to as the 'State Commission') in First Appeal ( FA) No. A/17/23 in which order dtd. 25/10/2016 of District Consumer Disputes Redressal Forum Thane (hereinafter referred to as District Forum) in Consumer Complaint (CC) No. 232 of 2013 was challenged, inter alia praying for setting aside the order dtd. 6/3/2019 of the State Commission and quash all other proceedings taken against the Petitioner arising out of or in relation to complaint no. 232 of 2013 of the District Forum.

(2.) Petitioner has challenged the said order dtd. 6/3/2019 of the State Commission inter alia on the following grounds :

(3.) Heard both sides. Main dispute pertains to refund of Rs.14,045.00, which the OP / petitioner herein claims is towards processing fee and the same, according to their instructions, is non refundable. Petitioner has drawn our attention to the loan application form dtd. 20/4/2013, wherein it is mentioned that 'Processing Fee paid is non refundable'. The Petitioner contends that loan was sanctioned on 27/4/2013, al-though, the Respondent contends that such sanction remains in the system of OP only and was never communicated / issued to the complainant / respondent, which is evident from the fact that even on 30/4/2013, a query was sent to his employer seeking certain details and record of telephonic conversation with one of the official of the petitioner, which has not been disputed by the Petitioner during the proceedings at lower Fora.