Karnataka

Chitradurga

CC/74/2018

Siddappa S/o Sharanappa - Complainant(s)

Versus

Bajaj Finance Limited - Opp.Party(s)

Sri.K.Prasannakumar

13 Dec 2018

ORDER

COMPLAINT FILED ON:28/06/2018

DISPOSED      ON:13/12/2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:74/2018

 

DATED: 13^th DECEMBER 2018

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Siddappa S/o Sharanappa, Aged about 30 years, NH-13,Kanaka Nagara, Chitradurga.   (Rep by Sri.K. Prasannakumar, Advocate)
V/S
…..OPPOSITE PARTIES	1. Bajaj Finance Limited, 4th Floor, Survey No.208/1B, Vimana Nagar,Pune-411014.   2. The Manager, Bajaj Finance Ltd., 1st Floor, Maruthi Complex, SBM Road, Chitradurga.   (Rep by Sri.N. Thippeswamy, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to pay Rs.50,000/- towards mental agony and to grant such other reliefs.

2.      The brief facts of the case of the above complainant are that, the complainant has taken one LED TV from the OPs on 30.10.2016 on the basis of installment and the loan account was opened with the OPs under Loan A/c No.4FC6RCD30135757.  After obtaining the loan, the complainant has cleared the above said loan on 16.04.2018.  Accordingly, the OP also issued the loan clearance certificate to the complainant.  After that, the complainant has not obtained any loan from the OPs, but the OPs have send letter to the complainant stating that, the complainant has obtained another two loans from them.  But as per the complainant, he has not obtained any loan from the OPs and further the OPs have received two blank cheques and other necessary documents from the complainant at the time of taking TV loan on 30.10.2016.  After clearance of the loan, the complainant has requested the OPs to return all the necessary documents along with blank cheques, by that time, the OPs says that, complainant has taken another two loans from them and complainant has to clear those two loans and take back the documents.  The complainant has issued the legal notice to the OPs on 29.05.2018 requesting them to close the loan account of the TV which was obtained on 30.10.2016.  The cause of action arose for this complaint is within the jurisdiction of this Forum and hence, prayed for allow the complaint.   

3.      On service of notice, OPs appeared through Sri.N. Thippeswamy, Advocate and filed version denying all the allegations made in the complaint and the complaint is not maintainable either in law or on facts and the same is liable to be dismissed in limine.  Further it is stated that, this Forum has no jurisdiction to entertain this complaint because, the nature of case is civil in nature.  The complainant is at liberty to approach the Civil Court for redressal.  Further it is stated that, the complainant has obtained other two commercial loans from the OPs and the complainant has not cleared the subsequent loans obtained from them.  Further it is stated that, it is true that, the complainant had given two cheques at the time of obtaining loan from them.  If the complainant has cleared the remaining loans, they have no objection to return all the documents as received from the complainant and without clearing the subsequent loans, the OPs will not return the documents obtained from the complainant and pray for dismissal of the complaint. 

4.      Complainant himself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-7 were got marked and closed his side. On behalf of OPs, they have not produced any affidavit evidence and also not produced any documents.  

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that the OPs have failed to return the documents received by them at the time of obtaining LED TV loan on 30.10.2016 and committed deficiency of service and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

 

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      There is no dispute between the complainant and OPs that, the complainant has obtained loan from the OPs on 30.10.2016 for the purpose of purchasing the LED TV and the loan account also opened with the OPs.  The complainant has cleared the entire loan amount on 16.04.2018 and requested the OPs to return all the necessary documents along with two blank cheques at the time of obtaining loan.  But the OPs have denied that, the complainant has obtained another two loans from them.  As per the documents produced by the complainant, it clearly shows that the complainant has not at all obtained any further loans from the OPs.  The allegations made by the OPs in their version is not sustainable under law.  In support of their version, the OPs have not come forward to give any evidence or produced any documents before this Forum.  If really the complainant has obtained further two loans from the OPs, OPs have to produced the documents to show that, complainant has obtained further loans.  But as per the documents produced by the complainant, it clearly shows that, the OPs have given loan clearance letter to the complainant as per Ex.A-5 dated 16.04.2018 to show that, the loan obtained by the complainant has been cleared.  The complainant has not neglected in clearing the loan amount obtained by him from the OPs.  But the OPs have committed deficiency of service by demanding the amount from the complainant for issuance of the documents obtained at the time of giving loan on 30.10.2016.

9.      We have gone through the entire documents filed by the complainant and the version filed by OPs.  It clearly shows that, the complainant has obtained LED TV loan from the OPs on 30.10.2016 and the same has been cleared on 16.04.2018 as per the exhibits produced by the complainant.  But the OPs have stated in their version that, the complainant has taken another two loans from them, but he has not cleared the other two loans.  But in support of their version, the OPs have not produced any documents and not come forward to give evidence before this Forum to disprove the case of the complainant.  The complainant has produced the documents, those documents clearly shows that, the complainant has not taken any other two loans from the OPs.  Therefore, the complainant is entitled for receiving the documents from the OPs.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.          

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

            It is ordered that the OPs are hereby directed to return all the documents including two cheques received from the complainant.

            Further it is ordered that, the OPs are hereby directed to pay a compensation of Rs.15,000/- towards mis-use of the documents to the complainant along with interest at the rate of 6% p.a from the date of complaint till realization.

            It is further ordered that, the OPs are hereby directed to pay Rs.5,000/- towards mental agony and Rs.3,000/- towards costs of this proceedings.

            It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 (This order is made with the consent of Member after the correction of the draft on 07/12/2018 and it is pronounced in the open Court after our signatures)         

 

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Request letter dated 02.05.2018
02	Ex-A-2:-	Complaint to police dated 17.04.2018
03	Ex-A-3:-	Letter to Karnataka Bank dated 17.04.2018
04	Ex-A-4:-	Endorsement dated 31.05.2018
05	Ex-A-5:-	No objection certificate
06	Ex-A-6:-	Mobile messages from the OPs
07	Ex.A-7:-	Adhar card of complainant

 

Documents marked on behalf of OPs:

-Nil-

 

 

MEMBER                                                   PRESIDENT

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