In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.302/2012.
1) Priyambada Sinha,
406A, JodhpurPark,
Gariahat Road (South). Kolkata-68. ---------- Complainant
---Versus---
1) Bajaj Finance Ltd.
Anuj Chambers, 4th Floor,
24, Park Street, Kolkata-16.
2) The Manager,
Anuj Chambers, 4th Floor,
24, Park Street, Kolkata-16. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Samiksha Bhattacharya, Member
Order No. 11 Dated 10-10-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant was interested to purchase an air conditioner for her family use and accordingly she went to the Great Eastern Appliances Pvt. Ltd. for purchase of the air conditioner on 1.5.11 and the total consideration amount was quoted by the Great Eastern Appliances Pvt. Ltd. for an amount of Rs.21,000/- and out of which the complainant paid the amount of Rs.7000/- and rest of he amount of Rs.14,000/- was financed through the o.ps. as a loan being Loan A/C No.4100CD00148666 and the repayment schedule of which was fixed as Rs.1750/- each payable by the complainant to the o.ps. by 8 no. of instalment.
As per the understanding by and between the Great Eastern Appliances Pvt. Ltd. and the complainant, the machine in question was to be supplied and installed within a day or two, but unfortunately after expiry of 6 days the machine was not delivered / installed to the complainant and for which the complainant was compelled to cancel the deal regarding purchase of the machine with the Great Eastern and the present o.ps. and accordingly the complainant duly signed the necessary papers and documents as provided by the agent of the o.ps. regarding cancellation of the loan agreement in question and after compliance of all formalities the said agent of o.ps. available in the counter of the Great Eastern Appliances Pvt. Ltd. duly confirmed to the complainant that the loan account no. 4100CD00148666 has been cancelled and closed and accordingly the o.ps. refunded the deposited amount of Rs.7000/- to the complainant on that date and as such the matter is over with the o.ps.
On 12.5.11 the complainant purchased one A.C. Machine Samsung made from one Sreema Electronics (south) at 67/C S.P. Mukherjee Road, Kolkata-26 for a total consideration amount of Rs.19,000/-, out of which, the amount of Rs.6336/- was paid as down payment and rest of the amount of Rs.12,664/- was financed by o.ps. by 8 no. of EMI of Rs.1584/- each payable by the complainant to o.ps. being loan account no.4100CD00162819 and the said EMI will deducted through ECS mandate by o.ps. directly from the bank account of the complainant.
Complainant was very much surprised to see the bank statement on July 2011 from where it was revealed that the o.ps. collected the both EMI of Rs.1750/- against the cancelled and closed loan account no.4100CD00148666 and the existing EMI of Rs.1584/- against the existing loan account no.4100CD00162819 in every month and the agent of o.ps. on 22.7.11 collected the cash amount of Rs.1750/- stating for the purpose of insurance of the loan, not only that the complainant was also surprised to see the statement of the bank account, that the o.ps. tried to collect the EMI against the cancelled loan account no. through ECS but the same was failed since there was only existence of present EMI amount of Rs.1584/- of each month in the bank account of the complainant and for which the bank debited the amount of Rs.221/- against each debit return for a total amount of Rs.1768/- from the bank account of the complainant. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:-
In view of the findings above and on perusal of the entire material on record we find that o.ps. had sufficient deficiency in service being service provides to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund Rs.10,518/- (Rupees ten thousand five hundred eighteen) only which included ECS debit return charges to the complainant and are further directed to pay to the complainant a sum of Rs.30,000/- (Rupees thirty thousand) only as compensation for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
