DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.
Complaint Case No : RBT/CC/2018/301
Date of Institution : 24.04.2018/29.11.2021
Date of Decision : 24.05.2022
Harwinder Pal Singh s/o Sh. Bajinder Singh r/o 2-A, Gali No. 5, Sultanwind Road, New Azad Nagar, Amritsar. …Complainant
Versus
Bajaj Finance Ltd., through its Manager, Ranjit Avenue, B-Block Market, Amritsar.
…Opposite Party
Complaint U/S 12 of The Consumer Protection Act
Present: Ms. Harsimrandeep Kaur Adv counsel for complainant.
Sh. Veenu Bhatia Adv counsel for the opposite party.
Quorum.-
1. Sh. Ashish Kumar Grover : President
2. Smt. Urmila Kumari : Member
(ORDER BY ASHISH KUMAR GROVER PRESIDENT):
The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant Harwinder Pal Singh filed the present complaint under Section 12 of the Consumer Protection Act against Bajaj Finance Limited, Amritsar. (in short the opposite party).
2. The facts leading to the present complaint as stated by the complainant are that the complainant purchased one mobile phone iphone 6S 32 GB Gold worth Rs. 35,500/- on 9.10.2017 from Bawa Telecom, Amritsar. At the time of purchase the complainant made the down payment of Rs. 13,506/- and remaining amount is to be paid by the complainant vide seven installments of Rs. 3,142/- each. The complainant lastly made payment vide receipt dated 31.3.2018 towards the said loan by cash and no amount is due towards the complainant. But the opposite party illegally demanding Rs. 72,000/- from the complainant and harassing him. The act of the opposite party is deficiency in service. Hence, the present complaint is filed seeking the following reliefs.-
1) The opposite party may be directed to issue No Due Certificate to the complainant.
2) To pay Rs. 50,000/- on account of compensation for mental agony and harassment.
3) To pay Rs. 10,000/- as litigation expenses.
4) Any other relief to which the complainant is found entitled.
3. Upon notice of this complaint, the opposite party filed written statement taking preliminary objections that the complaint is not maintainable and complainant has not come to this Commission with clean hands. The complainant has no locus standi to file the present complaint and filed the present complaint to evade his legal liability due towards the opposite party vide loan Account No. 491ECF60103259 amounting to Rs. 74,900/- having EMI for Rs. 12,484/- for 6 months which he has taken Online ECF.
4. On merits, it is admitted that complainant paid the entire loan towards the loan Account No. 491DPF54854593 and no objection certificate has also been issued to the complainant regarding the said loan. But the complainant has availed two loans from the opposite party as mentioned in the written version. The complainant has closed his first loan but his second loan amounting to Rs. 74,900/- having EMI for Rs. 12,484/- for 6 months which he has taken Online ECF is still active in which complainant is defaulter in the payment of installments thus outstanding towards the said loan account is Rs. 62,420/- besides penal charges. The opposite party has every right to recover his loan from the complainant by legal means. Lastly, the opposite party prayed for the dismissal of the present complaint.
5. In support of his complaint, the complainant tendered into evidence his affidavit Ex.C-1, copies of statement of account Ex.C-2 to Ex.C-5, copy of tax invoice Ex.C-5, copy of letter Ex.C-6 and closed the evidence.
6. To rebut the case of the complainant, the opposite party tendered in evidence affidavit of Shivani Garg Ex.OP-1, documents Ex.OP-2 to Ex.OP-8, No objection certificate Ex.OP-A.
7. We have heard the learned counsel for the parties and gone through the record on the file.
8. The complainant alleged in the complaint that the complainant got financed mobile phone from the opposite party worth Rs. 35,500/- on 9.10.2017. The complainant made the down payment of Rs. 13,506/- and remaining amount is to be paid by the complainant vide 7 installments of Rs. 3,142/- each. The complainant alleged that he made last payment vide receipt dated 31.3.2018 towards the said loan by cash and no amount is due towards the complainant but the opposite party illegally demanding Rs. 72,000/- from the complainant and harassing him. In the relief column the complainant sought the relief that the opposite party is directed to issue No Due Certificate to the complainant and further to pay the damages and compensation for harassment and mental agony caused to the complainant Rs. 50,000/- and further the opposite party may be directed to pay costs of litigation of Rs. 10,000/-.
9. On appearance of the opposite party they filed written version and admitted that the complainant paid all the installments of Rs. 3,142/- and the loan amount finance of Rs. 21,990/- on account of mobile set has been received and same account has been closed. The opposite party also mentioned in the written version that no objection certificate has also been issued to the complainant regarding the said loan. The demand raised by the opposite party regarding Rs. 72,000/- is another loan account of the complainant.
10. On the perusal of the evidence it established that the opposite party has already issued the No Objection certificate dated 19.6.2018 regarding the loan agreement No. 491DPF54854593 Ex.OP-A. The relief sought by the complainant is already given by the opposite party. Therefore, there is no dispute remained. So, there is no merit in the present complaint and same is dismissed. No order as to costs or compensation. Copy of the order will be supplied to the parties by the District Consumer Commission, Amritsar as per rules. File be sent back to the District Consumer Commission, Amritsar.
ANNOUNCED IN THE OPEN COMMISSION:
24th Day of May 2022
(Ashish Kumar Grover)
President
(Urmila Kumari)
Member
