Kerala

Trissur

CC/10/141

Shanmughan - Complainant(s)

Versus

Bajaj Auto Finance Ltd - Opp.Party(s)

Adv. Seena T S

27 Jul 2010

ORDER


CONSUMER DISPUTES REDRESSAL FORUMAyyanthole , Thrissur
Complaint Case No. CC/10/141
1. ShanmughanAllopadi (H),ChentrapinnyThrissurKerala ...........Appellant(s)

Versus.
1. Bajaj Auto Finance LtdCity Castle,East fort PO,Rep by ManagerThrissur Kerala ...........Respondent(s)



BEFORE:
HONORABLE Padmini Sudheesh ,PRESIDENTHONORABLE Rajani P.S. ,MemberHONORABLE Sasidharan M.S ,Member
PRESENT :Adv. Seena T S, Advocate for Complainant

Dated : 27 Jul 2010
JUDGEMENT

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By Smt. Rajani.P.S, Member:
 
          The case of the complainant is as follows: On 4.1.2007 the complainant availed an amount of Rs.33,500/- as the Hire Purchase amount from the respondent finance. On that day he paid Rs.5884/- as the financial charges and Rs.2305/- as the processing charges in the respondent finance. Besides this he had deposited Rs.5025/- as security amount. The respondent agreed to return the security deposit when the loan amount is closed. The complainant had paid the entire loan amount without default on 5.1.2009. But the respondent not returned the security deposit amount till this date. A lawyer notice was issued on 3.2.2009. The amount not returned so far. The act of the respondent is a deficiency in service and it caused severe mental agony to the complainant. Hence the complaint.
 
          2. The respondent is called absent and set exparte.
          3. To prove the case of the complainant, he filed an affidavit and the documents produced are marked as Exts. P1 and P2. 
 
          4. According to the complainant, he had paid the entire Hire Purchase amount and closed the loan amount on 5.1.2009 without any default. At the time of opening the Hire Purchase agreement he had paid financial charges, processing charges and security deposit. The respondent agreed to return the security deposit as the Hire Purchase amount is closed. But the respondent has not returned security deposit even though the loan amount is closed.
 
          5. There is no counter evidence.
 
          6. In the result, the complaint is allowed and the respondent is directed to return Rs.5025/- (Rupees five thousand and twenty five only) with interest at the rate of 12% per annum from 5.1.2009 till realization with costs Rs.500/- (Rupees five hundred only) within one month from the date of receipt of copy of this order.
 
 
          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum, this the 27th day of July 2010.

[HONORABLE Rajani P.S.] Member[HONORABLE Padmini Sudheesh] PRESIDENT[HONORABLE Sasidharan M.S] Member