Kerala

Idukki

CC/137/2021

Ajai Mon - Complainant(s)

Versus

Bajaj Fin corp Ltd - Opp.Party(s)

20 Feb 2023

ORDER

DATE OF FILING : 20/09/2021

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 20^th day of February 2023

Present :

              SRI.C.SURESHKUMAR                                               PRESIDENT

              SMT.ASAMOL P.                                                          MEMBER

              SRI.AMPADY K.S.                                                        MEMBER

CC NO.137/2021

Between

Complainant                                     : Ajaymon K.V.,

                                                            Korothu House, Edinjamala P.O.,

                                                            Idukki 685 514.

                                                                   (By Adv.K.M.Sanu)

                                                              And

Opposite Party                             : The Manager,

                                                        Bajaj Finserve Ltd., Chennankunnel Rovar,

                                                        Erattayar  Road, Kattappana 685 505.

 

O R D E R

SMT.ASAMOL P., MEMBER

 

Complainant’s case is briefly discussed hereunder:-

 

1 . Complainant has availed a home appliance loan of Rs.11,325/- on 14/08/2020 from opposite party.  The term of this loan was from 02/09/2020 to 02/06/2021 and Rs.1,133/- as monthly re-payment was fixed.  Also, he has additionally incurred  Rs.5,665/- as down payment and thus he was purchased home appliance of worth Rs.16,990/-.  The repayment was receiving through ECS on 2^nd day of every month.

2 . After starting the repayment , on 1^st and 2^nd  months, the re-payment was delayed with only one day.  However, complainant was keeping the sufficient amounts in his account on 2^nd day of every month for re-paying such loan amount and it was withdrawing on 2^nd day itself by opposite party.

 

(Cont.....2)

-2-

3 . But, opposite party had been withdrawing each Rs.295/- in every month as bounce charges.  This was continuing after ending the term of loan.  Thus opposite party had taken Rs. 3,835/- as additional from complainant’s account.  Since the loan re-payment was exactly, opposite party has no right to take the additional amount from complainant’s account.  As per the statement of account issued from opposite party, there were bounce charges only for 2 months.

4 . However, opposite party has given ‘no due certificate’ after ending the term of such loan.  Then, complainant has made a complaint through      E-mail, phone and directly to opposite party against the withdrawal of such additional amount.  But there was no response from them.  This is deficiency in service and unfair trade practice on the part of them.  Hence has prayed the following reliefs.

( a  ) .    Opposite party may be directed to refund Rs.3,835/- as additionally  received from complainant without loan EMI along with 18% interest.

(b )  .   Opposite party may be  directed not to withdraw any amount from complainant’s account.

(c ) . Also, opposite party may be directed to pay Rs.50,000/- as compensation and Rs.10,000/- as litigation cost.

Notice was served to opposite party from this Commission.  But opposite party or his agent did not entered appearance at any time.  No written version filed by opposite party.  Hence, the case was posted for complainant’s evidence. 

Complainant has filed proof affidavit and documents.  Ext.P1 to P3 were marked.  Opposite party neither appeared nor filed written version.      

(Cont.....3)

 

-3-

No evidence tendered by opposite party.  Heard complainant, Now, the points which arise for consideration are:-

1 . Whether there was any deficiency in service on the part of opposite party?

2 . Whether complainant is entitled to get reliefs as prayed for?

Points are considered together

We have heard the counsel for complainant.  Thereafter, it was taken for orders.  We have perused the complaint, proof affidavit and documents also.  On the perusal of Ext.P1, it is seen that complainant has taken a loan of Rs.16,990/- from opposite party on 14/08/2020 and he has paid Rs.5,665/- as down payment.  Also, it is stated that without down payment, installment amount was Rs.11,330/-.  Moreover, we have found as per this statement of account that complainant has paid every installments on 2^nd day of each month except the month of September and October in 2020.  However, bounce charges for EMI in these 2 months were received thereafter.  Therefore, we are of the view that opposite party has no right to take the extra charges from complainant’s account again.  Also, opposite party has given ‘no dues certificate’ which mentioned that complete payment was received under the loan agreement dated 14/08/2020.  It was marked as Ext.P2.  But as per Ext.P3, it is found that opposite party has taken Rs.3,540/- as bounce charges for 12 times from complainant’s account.  It is seen as per Ext.P1 ie, loan summary statement as on 19/08/2021 issued by opposite party that he has received Rs.908/- as bounce charges.  But, opposite party has withdrawn more amount as bounce charges from complainant’s account.  Clearly, this is deficiency in service on the part of opposite party.  Therefore, we are of the considered view that complainant is entitled to get reliefs as prayed for deficiency in service on the part of opposite party.  As a result, complaint is allowed in part as hereunder:-

(Cont.....4)

-4-

1 . Opposite party is directed to refund Rs.3,540/- along with 12% interest from 03/06/2021 to date of order to complainant.

2 . Opposite party is also directed to pay Rs.10,000/- as compensation and Rs.5,000/- as litigation cost to complainant within 45 days from the date of receipt of copy of order, failing which the amounts except cost of litigation, shall carry 12%  per annum from the date of order till its realization.

Extra copies to be taken back by parties without delay.

 Pronounced by this Commission on this the 20^th day of February, 2023.

                                                                                           Sd/-                                                                                

                                                                                SMT.ASAMOL P., MEMBER                                                                                                                 

                                                                                                    Sd/-

                                                                        SRI.C.SURESHKUMAR, PRESIDENT                                                                                                    

                                                                                                   Sd/-

                                                                               SRI.AMPADY K.S., MEMBER

   

APPENDIX

Depositions :

On the side of the Complainant :

Nil

On the side of the Opposite Party :

Nil

Exhibits :

On the side of the Complainant :

Ext.P1  - Statement of Account- Bajaj Finserv

Ext.P2 – No dues Certificate

Ext.P3 – Account Statement from 1^st August 2020 to 31^st July 2021

On the side of the Opposite Party :

Nil

 

                                                                                               Forwarded by Order  

 

 

                                                                                          ASSISTANT REGISTRAR