THE DIST.CONSUMER DISPUTES REDRESSAL COMMISSION, KHURDA, BHUBANESWAR:
-ooOoo-
C.D.CASE NO. 206/2021
Saroj Kumar Parida, Plot No.482/ 2287, Padma Nagar,
Sishupalgarh, Bhubaneswar
…. Complainant
-Vrs.-
1. Bajaj Auto Finance Limited,
Represented by the Manager, A/31, Bhanja Prabha Bhawan
3rd Floor, Kharvela Nagar, Unit – III, Bhubaneswar – 751001,
Odisha
2. Bajaj Auto Finance Ltd.,
Represented by the Manager, 1st Floor, K.I. Plaza, Plot No.504,
(In front of Indian Petrol Pump), Madhusudan Nagar,
Bhubaneswar, Odisha- 751012
3. Bajaj Auto Finance Ltd., Represented by the
Chief Manager, Bombay – Pune Road,
Akurdi, Pune, Maharashtra.
…. Opp. Parties
For the complainant : Mr. R.K. Mohanty & Associates (Adv.)
For the O.Ps. : Exparte
DATE OF FILING : 20/09/2021
DATE OF ORDER : 23/02/2023
ORDER
S.TRIPATHY, MEMBER (W)
1. This is an application U/s 35 OF the C.P.Act, 2019.
2. The complainant’s case in brief is that, he had incurred a loan of Rs.26,000/- from the OPs in order to purchase a computer of PCS brand. He had to repay the loan @ 1209/- per month. It is pleaded by the complainant that, he had to repay the loan in 24 EMIs, out of which, he had paid 21 EMIs. At the time of incurring the loan, he had deposited a sum of Rs.3900/- with the OPs. The complainant claims that, this amount was meant for down payment. After payment of 21 installments, he pretended that, the OPs would consider that deposit initially made by the complainant towards down payment of the loan amount. But the OPs did not do that. The complainant wrote this fact to the OPs but the OPs did not listen. On the other hand, they put a blank mark on the CIBIL score of the complainant. Hence this complaint.
3. On the other hand, the OPs did not appear on the date of hearing, as such they were set exparte and exparte hearing is taken up on 07/02/2023.
4 Perused the materials on record. The admitted fact that, the complainant had incurred a loan of Rs.26,000/- from the OPs in order to purchase a computer. He had to repay the loan amount in 24 EMIs @ Rs.1209/-. Annexure -1 shows that, two cheques issued by the complainant were dis-honored for which a penalty of Rs.1100/- was imposed upon the complainant. Besides, what the complainant alleges to be the down payment, is actually the security deposit, which is meant to be refunded after the loan is cleared. As simple arithmetical calculation, it appears that the complainant should have paid some more amount of money towards liquidation of the loan than what he has actually paid. Considering the totality of the case, we do not find any deficiency in service on the part of the OPs. As such, the complaint bears no merit. Hence it is ordered.
ORDER
The complaint is dismissed exparte against the OPs being devoid of merit.
The order is pronounced on this day the 23rd February, 2023 under the seal & signature of the President and Member (W) of this Commission.
(S.TRIPATHY)
MEMBER(W)
Dictated & corrected by me
Member ( W)
I agree
President
(K.C.RATH)
Transcribed by Smt.M.Kanungo, Sr.Steno :