Orissa

Khordha

CC/206/2021

Saroj Kumar Parida. - Complainant(s)

Versus

(1) The Manager, Bajaj Auto Finance Ltd., Bhubnaeswar. - Opp.Party(s)

Sri R.K. Mohanty and associates.

23 Feb 2023

ORDER

DISTRICT CDR FORUM, KHURDA
KHANDAGIRI, BHUBANESWAR, 751030
 
Complaint Case No. CC/206/2021
( Date of Filing : 20 Sep 2021 )
 
1. Saroj Kumar Parida.
Plot No- 482/2287, Padma Nagar, Bhubaneswar.
...........Complainant(s)
Versus
1. (1) The Manager, Bajaj Auto Finance Ltd., Bhubnaeswar.
A/31, Bhanja Prabha Bhawan, 3rd floor, unit-3, Bhubaneswar.
2. (2) The Manager, Bajaj Auto Finance ltd.
1st floor, Plot No-504, Madhu sudan Nagar, Bhubaneswar.
3. (3) The Chief Manager, Bajaj Auto Finance Ltd., Pune.
Bombay pune road, Pune.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. SRI KRUSHNA CHANDRA RATH PRESIDENT
 HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY. MEMBER
 
PRESENT:Sri R.K. Mohanty and associates., Advocate for the Complainant 1
 
Dated : 23 Feb 2023
Final Order / Judgement

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 :                               

       

 

 
 
[HON'BLE MR. SRI KRUSHNA CHANDRA RATH]
PRESIDENT
 
 
[HON'BLE MRS. MRS. SUBHALAXMI TRIPATHY.]
MEMBER
 

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