DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016.

Case No.343/2009

Sh. M. U. Ansari 

R/o T-29, Ist Floor, Khirki Extn.

New Delhi-110017                                                     ….Complainant

Versus

1.       Bajaj Auto Finance Ltd.

          C/o Gautam Auto Pvt. Ltd. 

45-A, Corner Market, Malviya Nagar,

          New Delhi-110017

2.       Bajaj Auto Finance Ltd.

          C/o Bajaj Auto Ltd.

          B-60/61, Naraina Indl. Area

          Ph II, New Delhi-110028                             ……Opposite Parties

                                                         Date of Institution          : 21.04.09                                                             Date of Order        : 03.11.16

Coram:

Sh. N.K. Goel, President

Ms. Naina Bakshi, Member           

O R D E R

The case of the Complainant, in nutshell, is that he had taken an auto loan of Rs.20,000/- from the OPs for making part payment of Bajaj Discover 125 CC  Motor Cycle in the month of May, 2007 and agreed to pay interest free EMIs of Rs.1845/- for one year. However,  when the OP did not recover the EMI through ECS due to their technical failure the  Complainant paid the installments with the OPs. He sold his vehicle to one Mohd. Ishaq for Rs.33,000/- who paid Rs.20,000/- only and the  rest of the amount was to be paid by him to the Complainant after issuance of NOC by the OPs. He paid the amount in cash to the OPs. The Complainant applied for NOC but the same was not delivered to him by the OPs due to negligence of the OPs. His amount of Rs.13,000/- was forfeited by the purchaser of the vehicle.  Hence, he has filed the present complaint for issuing directions to the OPs to give him compensation of Rs.1 lac towards loss of precious time/energy, loss of mental agony, harassment and monetary loss.

In the Written Statement the OPs have inter-alia stated that the OP had issued the NOC to the Complainant on 30.11.09 by Over Night Express Courier vide POD No. 521196249 but the same was retuned back undelivered in the month of December, 2009. Therefore, the OPs tried to contact the Complainant but in vain. Hence, it is prayed that the complaint be dismissed.

The Complainant has filed a rejoinder.

The Complainant has filed his own affidavit in evidence. On the other hand, affidavit of someone has been filed in evidence on behalf of the OPs.

Written arguments have been filed.

We have heard the Complainant in person.

None has appeared to advance arguments on behalf of the OPs.

 As pointed out by the Complainant NOC had been delivered to him by the OPs before this Forum on 19.12.11. Now the only grievance of the Complainant is with regard to grant of compensation to him.

We must say at once that the OPs have not filed any document to show that the OPs had infact sent the NOC to the Complainant on 30.11.09 vide Over Night Express Courier. Therefore, the defence taken by the OPs is not palatable to our mind.

Therefore, we hold the OPs guilty of deficiency in service for late delivery of NOC to the Complainant.  Keeping in view all the facts and circumstances of the case we direct the OPs to pay Rs.15,000/- to the Complainant towards mental agony and harassment and cost of litigation within 30 days of receipt of copy of this order failing which OPs shall become liable to pay the said amount of Rs.15,000/- along with interest @ Rs.6% per annum from the date of fling of the complaint i.e. 21.04.09 till its realization.

           Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations.  Thereafter file be consigned to record room.

(Naina Bakshi)                                                               (N. K. Goel)

Member                                                                          President

Announced on 03.11.16.