In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.255/2012
1) Sukla Banerjee,
27, M.M. Feeder Road, Kolkata-57, P.S. Belghoria. ---------- Complainant
---Versus---
1) Bajaj Auto Finance Ltd.
24, Park Street, Anuj Chamber, 4th Floor,
Kolkata-16, P.S. Shakespeare Sarani. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu ,Member
Order No. 9 Dated 16/01/2013.
Sharmi Basu, Member
In a nutshell, the case of the complainant is that on 25.4.11 complainant purchased an air condition machine from Raipur Electronics of Shyambazar vide Tax Invoice cum Challan no.SH/00307/11-12 dt.25.4.11 with hire purchase agreement of Bajaj Auto Finance vide loan term sheet ref. no.NIL dt.Nil. The price of air condition machine was Rs.12,300/- out of which complainant paid Rs.7300/- by cash and balance Rs.5000/- to be paid through ECS @ Rs.625/- for 8 months. The payment was started from June 2011 and closed in January 2012 vide their loan account no.41003 CD 0022676 ECS was passed upto December 2011 without any problem.
Bajaj Auto Finance did not send ECS mandate of Jan. 2012. They hit th ECS for Rs.1025/- on Feb. 2012 instead of Rs.625/- when the loan is closed complainant has purchased nothing on hire purchase from them Bajaj Auto Finance collecting Rs.1025/- from Feb.2012 till this month (June 2012). Complainant went to their office on 13.4.12 and met with Mr. Arunava Bhattacharjee, Manager Sales CD. Mr. Bhattacharjee assured us he will return the excess amount within 30.4.12. He also failed. Complainant contacted him over mobile phone (9051755757) he admitted us refund will be made by 31.5.12 against he failed. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. did not contest the case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular and we find that on 25.4.11 complainant purchased an airconditon machine from the o.p. company at a price of Rs.12,300/- out of which complainant paid Rs.7300/- by cash and balance Rs.5000/- through ECS @ Rs.625/- for 8 months and complainant started making payment of ECS upto Dec.2011 and Bajaj Auto Finance did not send ECS manded of Jan.2012 and hit the ECS for Rs.1025/- on Feb.2012 instead of Rs.625/0 whilst complainant purchased nothing on hire purchase basis from o.p. collecting Rs.1025/- from Feb.2012 till June 2012. Complainant met the officials of o.p. but without any fruitful result.
In view of the findings above and on perusal of the entire materials on record we are of the views that the o.p. has not come forward to contest the case and the evidence adduced by complainant has remained unchallenged testimony and this act on the part of o.p. amounts to deficiency in service being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost of Rs.5000/- (Rupees five thousand) only against the o.p. O.p. is directed to pay Rs.4500/- (Rupees four thousand five hundred) only which was debited from bank through ECS as excess payment along with interest @ 9% p.a. from January, 2012 till the date of realization and is further directed to pay compensation of Rs.1000/- (Rupees one thousand) only for harassment and mental agony and litigation cost of Rs.1000/- (Rupees one thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
