Date of filing: 14.12.2016                                                                  Date of disposal: 11.10.2018

Complainant:              Subham Nandy, S/o. Ashis Nandi, resident of 94, Kali Bazar West, Burdwan, Near Burdwan Town School, PO., P.S. & District: Burdwan, Pin – 713 101.

- V E R S U S -

Opposite Party:  1.      Bajaj Finance, Burdwan Branch, represented by its Branch Manager, having its office at Parcus Road, Opposite of Manir Math, PO. & PS: Burdwan, District: Burdwan, PIN – 713 101.

Proforma Opposite Party 2.   Regional Manager, State Bank of India, having its Zonal Office at Hawker’s Market, Court Compound, District: Burdwan, PIN – 713 101.

Present:

                                    Hon’ble President: Smt. Jayanti Maitra (Ray).

 Hon’ble Member: Smt. Nivedita Ghosh.

 Hon’ble Member: Dr. Tapan Kumar Tripathy.

Appeared for the Complainant:                                   Ld. Advocate, Suvro Chakraborty.

Appeared for the Opposite Party No.1:                      Ld. Advocate, Sankhadip Ghosh & Tamal De.

Appeared for the Proforma Opposite Party No.2:  Ld. Advocate, Soham Som.

J U D G E M E N T

 This is a complaint under Section 12 of the C.P. Act, 1986 alleging deficiency in service and unfair trade practice by way of charging extra amount and directing a sum of Rs.575=00 along with @18% interest, to pay a sum of Rs.20, 000=00 towards mental pain, agony & harassment & to pay a sum of Rs.20, 000=00 as litigation cost.

The complainant’s case in short is that on 04.11.2015 he purchase some electronic devices and paid Rs.22, 500=00 but took financial assistance of Rs.10, 908=00 for this from the O.P. No.1. As per contract, it was to be repaid with interest in 8 installments worth Rs.909=00 each from 05.01.2016 to 05.08.2016. The complainant paid the first five installments through bank cheques of O.P. No.2 and the last three EMI’s he paid in cash. The O.P. No.1, after receiving the amount in cash from the complainant issued “No objection” certificate on 03.08.2016. It is pertinent to mention that at the time of taking financial assistance from O.P. No.1, the complainant issued eight cheques of Rs.909=00 in the name of the O.P. No.1. After getting the loan statement from O.P.1 and after updating the bank pass book, the complainant came to learn that the O.P. No.2 had deducted Rs. 287.50 on 08.07.2016 and Rs. 287.50 on 31.07.2016 due to bouncing of cheque inspite of the fact that he had paid them in cash. Moreover, the O.P. No.1 had charged Rs.350=00 each on account of bouncing of those cheques and showed the same in their loan account. Then the complainant rushed to the office of the O.P. No.1 and demanded for refunding the amount of Rs. 1275=00 but they refused it. Several requests of the complainant to O.P. No.1 failed thereafter. Then he submitted a written document before the O.P.1 No. on 08.08.2016. After that they adjusted Rs.700=00 in their loan account but still did not repay Rs.575=00.

The O.Ps. here submitted their W/V. The O.P. No.1 has stated that no excess amount had been deducted and so there is no question of deficiency in services in their part. But the O.P. No.2 has stated that the O.P.1 adjusted Rs.700/- in their loan account but did not bother to repay Rs.575=00.

-: Decision with Reasons :-

Undoubtedly, the complainant has been a consumer of the O.Ps. and according to all the proofs submitted by him, it is evident that the O.P. No.1 has submitted the cheque in spite of the fact that the payment has been made in cash. After that, when the complainant made request to refund it, they adjusted Rs.700=00 in their loan account but did not bother to refund the rest amount of Rs.575=00. This obviously proves deficiency in service. Therefore, the complainant succeeds to prove his case.

Hence, it is

                O r d e r e d

that the Consumer Complaint being No. 213/2016 be and the same is allowed on contest against the OP-1- Bajaj Finance, Burdwan Branch with cost and the case is dismissed against the Proforma OP-2 without any cost directing the OP-1 to pay Rs. 575=00 along with interest @9% per annum from 08.08.2016 (the date of written representation before the OP-1) till its realization to the complainant and also directing to pay Rs. 1,000=00 as compensation towards mental pain, agony and harassment and Rs. 1,000=00 as litigation cost to the complainant within 45 days from the date of passing of this award, failing which the complainant is at liberty to put the award in execution as per provisions of law.

            Let plain copies of this order be supplied to the parties free of cost as per provisions of law.

Dictated & Corrected by me                                                           (Jayanti Maitra (Ray)

                                                                                                                       President

  (Tapan Kumar Tripathy)                                                                      DCDRF, Burdwan

   Member

       DCDRF, Burdwan

                                           (Tapan Kumar Tripathy)                              (Nivedita Ghosh)

                                                       Member                                                       Member

                                              DCDRF, Burdwan                                       DCDRF, Burdwan