Adv. For the Complainant: -  Self

        Adv. For the OPS                 :-   No

        Date  of filing of the Case  :- 04.05.2021

        Date of Order                       :-09.04.2024  

 JUDGMENT

Smt. Jyotsna Rani Mishra , Member

Fact of the case:-

         Complainant purchase a washing machine from Reliance Retail Limited, Reliance Digital (OP no.2) dealing with several consumer products. Where       complainant was seeing washing machines of different brands and there is also loan facility of different finance company and introduced the complainant to the agent of Bajaj Finance Limited namely one R.K Bhoi who was having a separate desk inside the Reliance digital Shopping mall . The said agent explained the complainant about the procedure to obtain loan from Bajaj Finance Limited and (OP1) it repayment procedure.

    That the complainant agreed for the loan facility and purchased a washing machine brand Samsung 6.5 kg fully Auto TL WA65N4261SS for an amount of Rs.21,363.90/- vide original retail invoice delivery Note no. 7017757720 dt.26.10.2020.

   That , the monthly installment (EMI) was calculated and fix for an amount of Rs.2137/- for Ten months and the installment was to be debited and paid to Bajaj Finance Limited (OP1) from the saving account of the complainant bearing -      A/C No. 11341896267. As per the requirement Bajaj Finance company obtain signature and collected the require document.

    That As per the agreement Rs.2300 was debited from complainant account in the month of December towards 1^st installment , but later an amount of Rs.2355 was deducted in the month of January towards monthly installment which his violation of the agreement.

         Than complainant met the concerned person in the office of finance Company (OP1) and express his displeasure and protest the excess deduction from his account beyond the fixed amount OP1 told that deduction was towards telebinding which is totally unknown to complainant. So the complainant was advised to lodge complaint through company’s email. But no correction was made by the company. The complainant also met the Bank official (OP3) to stop the excess payment beyond the fixed amount but the OP3 Bank also remain mute spectator. In the mean time excess payment also made for the month of Feb 21, Mar 21, and April 21 and all total Rs.872/- has already been debited and paid the Finance company (OP1).         

Complainant relies on the following documents:-

1. Retail invoice of Reliance Digital, Bolangir and delivery challan.
2. Delivery order of Bajaj Finance Limited.
3. SBI, Saving Pass Book A/c. copy.

Having gone through the complainant it’s accompanied documents and on hearing the complainant, Prima facie it seemed to be a genuine case hence admitted and notice to the OPs were served and in response to the notice the Ops did not appeared before the commission, sufficient time and facilities has been given but Ops could not turn up and filed their written version within the statutory period and fails to proves their credential , as such the Ops are set- exparte from dt. 02.11.2022 and what alleged by the complainant presumed to be true.

 Taking all the documents plaid on record in to consideration I assume that finance company (OP1) deficiency in service for his illegal, unfair and arbitrary attitude of Op1. Hence Order.

ORDER

I directed to Bajaj finance company (OP1) to stop the collection of Rs.2355/- instead of Rs.2137/- per month from the month of May 2021 till Sept. 2021. And Rs.872/- excess amount may be refunded to the complainant.

        I further directed to compensate of Rs.5000/- towards harassment and mental agony and to pay Rs. 2000/- towards litigation Expenses. Within one month from the dt. of order. Failing which the entire amount shall be paid by OP1 @ 12% interest per annum from the date of filing of the case till realization.  

                                             No award as to cost.

PRONOUNCED IN THE OPEN COMMISSION TO-DAY 09^th day of  April‘ 2024.