Chandigarh

DF-I

CC/881/2022

SANJAY SHARMA - Complainant(s)

Versus

BAJAJ FINANCE LIMITED - Opp.Party(s)

JOY PREET

06 Jun 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/881/2022
Date of Institution	:	20/10/2022
Date of Decision	:	6/6/2024

 

Sh. Sanjay Sharma S/o Ram Parshad Sharma, age 51 years Resident of House No. 2703, Sector-38C, Chandigarh, Pin - 160036.

Complainant

VERSUS

 

1. Bajaj Finance Limited (Through its Branch Manager), First & Second Floor SCO 57, 58 & 59, Opposite to Hotel Taj. Sector-17A Chandigarh 160017.

2. Bajaj Finance Limited, Corporate Office: S.No # 208/1-B, 4th Floor, Viman Nagar, Pune-411014, Maharashtra, India

3. Bajaj Finance Limited, Registered office, Mumbai-Pune Road, Akurdi, Pune-411035, Maharashtra, India.

4. Bajaj Finserv Direct Limited, 6th Floor, Bajaj Finserv Corporate office, Off Pune-Ahmednagar Road, Viman Nagar, Pune-411014, Maharashtra, India.

5. Bajaj Finserv Limited Registered office, Mumbai-Pune Road, Akurdi, Pune-411035, Maharashtra, India.

OPPOSITE PARTIES

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Joy Preet Meelu, Advocate for complainant.
	:	Sh. Gaurav Bhardwaj, Advocate for OPs.

Per SURESH KUMAR SARDANA, Member

     Briefly stated on the allurement of the OPs  the complainant availed professional loan of Rs.30,26,630/- from the Ops @14.1% flexible  interest for a tenure of 36 months.  The OPs credited Rs.29,43,148/- in the saving account of the complainant after making certain deductions from the actual loan amount towards processing charges, life insurance charges, health insurance charges, stamp duty etc. as detailed in para 10 of the complaint. The complainant paid Rs.24,894 as first EMI on 2.12.2019. The complainant foreclosed the loan account of 21.10.2021 by paying last Emi of Rs.139/-  to the OPs and also paid foreclosure charges of Rs.1,43,096/-, which was wrongly charged by violating the loan terms and conditions. On 22.10.2021 the complainant requested the OPs to refund the foreclosure charges but they refused the said request. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties  in their reply while admitting the factual matrix of the case stated that the complainant has not come before this Commission with clean hands and the complaint is not maintainable being false and frivolous. It is averred that  pre-closure charges were paid by the complainant as per clause 2.14 of the loan agreement and as such there is no deficiency on the part of the OPs.  All other allegations made in the complaint has been  denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. The main grievance of the complainant is that the OPs have charged an amount of Rs.1,43,096 towards loan pre-closure charges illegally. On perusal of the para ‘e’ of the reply of OPs it is observed that loan pre-closure charges of the loan are 4% of total withdrawable amount of Rs.29,43,148/-. So the foreclosure charges worth worked out to be Rs.1,17,726/- only. Whereas the Ops have charged Rs.1,43,096/- from the complainant as loan foreclosure charges. Hence, by charging an amount of Rs.25,370/- (Rs.1,43,096/- minus 1,17,726/-) extra from the complainant. Hence,  the OPs are  indulged in unfair trade practice and they are liable to refund the extra amount charged from the complainant.  
7. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly partly allowed. OPs are directed as under:-

 

1. to pay Rs.25,370/- with interest @9% P.A. from the date of filing the complaint till onwards.
2. to pay Rs.7500/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.7000/- to the complainant as costs of litigation.

 

8.      This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
9. Pending miscellaneous application(s), if any, also stands disposed off.
10.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member   Sd/-
6/6/2024			[Suresh Kumar Sardana]
mp			Member