DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST
GOVT. OF NCT OF DELHI
CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088.
CC No: 433/2017
D.No._______________________ Date: __________________
IN THE MATTER OF:
ANURAG KAUSHIK,
S/o LATE SH. SUDHANKAR KAUSHIK,
R/o E-5-G, KIRAN GARDEN,
UTTAM NAGAR, DELHI.… COMPLAINANT
Versus
BAJAJ FINANCE/FINSERV,
AGGARWAL METRO HEIGHT,
11th FLOOR, NETAJI SUBHASH PLACE,
PITAM PURA, DELHI. … OPPOSITE PARTY
CORAM:SH. M.K. GUPTA, PRESIDENT
SH. BARIQ AHMED, MEMBER
MS. USHA KHANNA, MEMBER
Date of Institution: 25.05.2017 Date of decision:04.11.2019
SH. BARIQ AHMED, MEMBER
ORDER
1. The complainant has filed the present complaint against OP under Section 12 of the Consumer Protection Act, 1986 thereby alleging that OP has merged the account details of the complainant with a fake case named as Sh. Anuj Bakshi and has mailed with the same on the e-mail ID of the complainant and the account details is being used to deduct EMI for Sh. Anuj Bakshi and the complainant is not a right person to pay as the name is Anurag Kaushik. The
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complainant conveyed the message to the customer care about the same issue through mail and through telephonic conversation to remove the account details from Sh. Anuj Bakshi’s case but no written evidence has been provided to the complainant for the same. Thereafter, OP told the complainant that OP will remove the account details and the complainant do not have to pay any interest against it and the civil will also not effect due to this but no such thing is happening and each and every time when the complainant there is a new person to whom the complainant used to discuss the query from the starting every time but no solution is being provided. The complainant further alleged that OP to harass the complainant and asked the complainant to pay the EMI and even made a police complaint for not making the payment and they used to call the complainant to threat and the complainant received call from the mobile no.9069611218 and according to the person he was calling from police station and was threatening the complainant for making payment and the complainant received a call from mobile no.8368236339 (Mr. Ajay Chautala) and he also used to call the complainant and threat the complainant and further alleged that there is deficiency in service and unfair trade practice on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to not to harass the complainant and to issue NOC and has also sought compensation for harassment.
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3. Notice to OP was issued through speed post for appearance on 25.09.2017, 05.03.2018 & 24.07.2018 and the notice to OP was served on 26.06.2018 as per track report but none has appeared on behalf of OP and as such OP was proceeded ex-parte vide order dated 24.07.2018.
4. In order to prove his case, the complainant filed his affidavit in evidence and has also filed written arguments. The complainant has also placed on record copy of Welcome Letter dated 14.04.2017 issued by OP in the name of Anuj Bakshi thereby granting him Loan vide Loan account no.401DPF37657822, copies of replies dated 27.04.2017 & 25.05.2017 sent by the complainant to OP denying Loan account no.401DPF37657822, copy of police complaint dated 16.09.2017 lodged with P.S. Bindapur, New Delhi, copy of account statement from 30.06.2010 to 30.06.2017 issued by Bajaj Finance Ltd. regarding disbursal of Loan of Rs.73,000/- in the name of the complainant on 29.08.2014 and which was to be repaid 36 EMIs of Rs.3,366/- each and copy of account details issued by ICICI Bank for the period from 01.08.2014 to 29.06.2017.
5. This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant. The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, it appears that even after receiving
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summons of this case from this forum, OP has kept mum and has not bothered to answer the case of the complainant.
6. On perusal of the record, we find that the complainant has obtain the loan from OP as an amount of Rs.67,867/- has been credited into the account of the complainant as NEFT from Bajaj Finance and EMIs of Rs.3,366/- are being deducted from the said account of the complainant. No where the statement of account shows that the complainant has to pay for the loan if any of Anuj Bakshi. It seems that OP has wrongly tagged the account of the complainant with the loan account of Anuj Bakshi for which the complainant is not liable. Since OP has failed to remove the account of the complainant from the loan account of Anuj Bakshi despite various e-mails sent by the complainant to OP, it seems that there is deficiency in service on the part of OP and is held guilty accordingly.
7. Accordingly, OP is directed as under:
i) To give NOC to the complainant with respect to agreement no.4010 PL04227014.
ii) To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused to the complainant which includes cost of litigation.
8. The above order/direction shall be complied by OP within 30 days from the date of receiving copy of this order failing which OPshall be liable to pay interest on the entire awarded amount @ 10% per
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annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainant may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
9. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 4thday of November, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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