1. Laltu Karmakar,

            Arovil Pally, Alu Danga,

            Zora Mandir, P.S. and Dist. Burdwan.                                                 _______ Complainant

____Versus____

1. Bajaj Finance Ltd.

24 Park Street, 4^th Floor,

P.S. Park Street, Kolkata-16.                                                                         ________ Opposite Party

Present :           Sri Sankar Nath Das, Hon’ble President

                          Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   18    Dated   20-02-2015

            The case of the complainant in short is that complainant purchased a colour TV being model no.AZ21Mb36201894 from Joy Electronics, G.T. Road, Parbitha Branch, Burdwan at a cost of Rs.13700/- only on 29.9.06. Out of the aforesaid amount complainant made down payment of Rs.7175/- to Joy Electronics and the rest amount of Rs.6525/- was financed by o.p. It was settled that complainant has to pay 8 EMIS Rs.900/- per month. Complainant stated that he has handed over 8 cheques without date to o.p. as per their verbal request. The said cheques were drawn on Bank of India, Burdwan Branch being no.162076 – 162083 for an amount of Rs.900/- each.

                Complainant further stated that o.p. collected and encashed the 4 cheques at an interval of one month. O.p. duly placed 4 cheques bearing nos.162076 – 172079 to the banker of complainant on and after due date of encashment. Complainant further stated that all on a sudden on 21.3.07 and 26.3.07 o.p. placed 2 cheques at the banker for collection without any prior intimation to complainant to that effect. Consequentially the 1^st cheque was honoured and later was dishonoured and the cheque returned charge was deducted from the account of the complainant. O.p. intimated the fact of dishonour to complainant. Complainant made payment of Rs.900/- in cash towards 5^th EMI to one Mr. Amit Kr. Ghosh, authorized representative of o.p. against the receipt from him. On 19.9.12 complainant stated that by instigation of o.p., complainant compelled to withdraw the money from his bank account and make payment to o.p. in cash and took the valid receipt for the same. Complainant further stated that one Mr. Amit Kr. Ghosh, authorized representative of o.p. assured that NOC will be delivered in favour of the complainant within a month from that date. But unfortunately, complainant did not receive such NOC.

                Complainant further stated that on 25.2.12 at about 1-30 p.m. he has received a mobile call from an unknown person, who disclosed him as a police officer of Delhi Police and disclosed his name as C.P. Jadav. He informed that a court case is pending against the complainant and he requested the complainant to make a touch with Mr. P.K. Sharma, Advocate in his mobile no.0965764177 to ascertain the matter. Upon communication through mobile, complainant was informed that a case being no.D3074 of 2011 has been initiated against him and complainant has to deposit Rs.8050/- immediately, otherwise warrant of arrest will be issued against the complainant.

                Therefore, complainant deposited the said amount to o.p. no.1 at Durgapur and took proper receipt from the office. At that time it was stated that NOC will be delivered to complainant within 10 working days. Complainant further stated that on 19.4.12 o.p. has handed over NOC to complainant. In this connection it is stated that the documents as stated hereinabove has been annexed by complainant with the petition of complaint.

                Under such circumstances, complainant filed the case for redressal of his grienances in respect of deficiency of service on the part of o.p. to him with the prayers contained in the prayer portion of the petition of complaint.

                O.p. appeared in this case by filing w/v and prayed for dismissal of the case since they have denied all the allegations made against them.

Decision with reasons:

                Upon considering the submissions of the parties and on careful scrutiny of the entire materials on record, it appears that o.p. has made deficiency of service to the complainant in respect of purchasing of a colour TV by installment financed by o.p. It appears from the record of the bank statement annexed by complainant that Rs.900/- has duly been withdrawn for 5 times out of 8 installments as has been financed by o.p. and the rest amount has been paid in cash on 29.5.07 and 17.9.07 under receipt nos.0410001323 and 0410101337 respectively which has been annexed by complainant with the petition of complaint. so it appears that somehow or other complainant has paid the entire amount due as balance amount after down payment of the total value of the goods in question. Even then o.p. has demanded Rs.8050/- to the complainant and complainant has paid the sum which has been duly received on 25.2.12 by o.p. and the receipt of the same has been annexed by complainant with the petition of complaint. Under such circumstances, we hold that o.p. has made deficiency of service to the complainant in this regard and complainant is entitled to relief.  

                Hence, ordered,

                That the case is allowed on contest with cost against the o.p. O.p. is directed to refund Rs.8050/- (Rupees eight thousand fifty) only which has been taken by o.p. without any reasonable reason from the complainant and is further directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 30 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.

                Supply certified copy of this order to the parties free of cost.