consumer forum mansa consumer forum mansa consumer case(CC) No. CC/09/9
Balkaran Singh
...........Appellant(s)
Vs.
Bajaj Finance
...........Respondent(s)
BEFORE:
1. Neena Rani Gupta 2. Sh Sarat Chander
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MANSA. Complaint No.09/22.01.2009 Decided on : 08.04.2009 Sh.Balkaran Singh S/o Sh.Inder Singh, C/o Ranjeet Singh Randhawa Advocate, Barnala Road, Near ITI, P.O. Behni Bagha, Village Thuthianwali Kanchian, Mansa. ..... Complainant. VERSUS 1.Bajaj Finance, Bajaj Auto Finance Limited, 731, Amrik Singh Road, Opposite Hotel Civil Star, Bathinda 151501 2.Bajaj Finance, Bajaj Auto Finance Limited, Akrudi, Pune through its Managing Director. ..... Opposite Parties. Complaint under Section 12 of the Consumer Protection Act, 1986. ..... Present: Sh.R.S.Randhawa, Advocate counsel for the complainant. Opposite Party exparte. Before: Sh.Sarat Chander, Member. Smt.Neena Rani Gupta, Member. ORDER: Sh.Sarat Chander, Member Sh. Balkaran Singh (hereinafter called as the complainant) has filed the present complaint against the Bajaj Finance (hereinafter called as opposite parties), under Section 12 of the Consumer Protection Act, 1986. Briefly stated, the case of the complainant is that he purchased a Samsung Television in August, 2007, which was financed, by OP No.1. The complainant, had paid two advance installments in the sum of Rs.1560/- along with the file charges in the sum of Rs.500/- to OP No.1. The remaining amount was to be paid by the complainant in installments in the Contd........2 : 2 : sum of Rs.780/-, per month. Total eight advance cheques were given to OP No.1 by the complainant as per his demand at the time of advancement of loan. First installment was paid on 24.9.2007 vide cheque No.436911 drawn on Oriental Bank of Commerce, Mansa branch in the sum of Rs.780/-. The complainant had issued post dates cheques No.436912 to 436917 dated 27.9.2007, 10.11.2007, 31.12.2007 and 18.2.2008. Against cheque No.436915 which was to be presented on 10.12.2007, the OP received cash payment from the complainant vide receipt dated 6.2.2008. Again cash payment was received by them vide receipt dated 11.3.2008 against cheque No.436916 and vide receipt dated 2.5.2008 against cheque No.436911. In all, the Ops have received a sum of Rs.7800/- from the complainant and all the installments stood paid by the complainant to OP No.1. However, when the complainant approached the Ops for issuance of No Objection Certificate and return of the three unused cheques bearing No.436915, 436916 and 436918, but instead of returning those cheques and issuance of NOC, the Ops demanded a sum of Rs.1130/- more in an illegal manner. Thus the complainant, has suffered, mental and physical harassment, due to conduct of the opposite parties and he is entitled, to receive back the three cheques along with the NOC from them and compensation in the sum of Rs.50,000/-, and costs of litigation. Hence this complaint. Notice of the complaint was given, to the opposite parties, but they failed to appear, inspite of service. As such, they were proceeded against exparte vide order dated 3.3.2009. In exparte evidence, the counsel for the complainant tendered in evidence Ext.C-1 to C-11 including original receipts, legal notice, postal receipt, copy of entries made in the pass book, his affidavits, photocopy of certificate and bill before he closed his evidence. We have considered the arguments advanced by the learned counsel for the complainant and carefully gone through the record. Contd........3 : 3 : The complainant has produced on record copy of purchase invoice Ext. C-11 showing that he purchased the television manufactured by Samsung Company and paid a sum of Rs.1560 in advance. The remaining amount of Rs.6240/- was to be paid by the complainant in eight installments as mentioned in the purchase invoice and he has delivered eight cheques to OP No.1. The Ops have realized the amount of Rs.3900/- by getting enchashed the cheques bearing No.436911, 436912, 436913, 436914 and 436917 as evident from the copies of statement of account Ext.C-6 & C-10 and certificate issued by his bankers Ext.C-9 The remaining three cheques have not been enchashed and the complainant has deposited the amount of remaining three cheques in cash as established by receipts Ext.C-1 to C-3 issued by OP No.1 on 6.2.2008, 2.5.2008 and 11.3.2008. In the copy of the purchase invoice Ext.C-11, nothing is mentioned about the payment of penal interest on account of delay in payment of any installment. The Ops have not come forward to contest the complaint inspite of notice and even failed to respond to the legal notice Ext.C-4 issued by the complainant before filing of the complaint. Since the complainant has paid the entire cost of purchase of television, as such, non issuance of clearance certificate and return of unused cheques, in our opinion, is deficiency in service on the part of the Ops for which both of them are jointly and severally liable, as OP No.1 has sold the television and received the amount thereof as dealer of OP No.2. Since the complainant has been subjected to mental and physical harassment and has to incur unnecessary expenditure for filing of the complaint, therefore, he is entitled to payment of adequate amount on account of costs and compensation. For the aforesaid reasons, we accept the complaint and direct the opposite parties to issue Loan Clearance Certificate to the complainant and return him three unused cheques with further direction to pay a sum of Rs.2000/- as compensation and Rs.1000/- as costs. The liability of the Contd........4 : 4 : opposite parties to pay the above said amount to the complainant shall be joint and several. The compliance of the order be made within the period of two months from the date of receipt of the copy of this order. The copies of the order be supplied, to the parties, free of costs, as permissible, under the rules. File be indexed and consigned to record. Pronounced: 08.04.2009 Neena Rani Gupta, Sarat Chander, Member. Member.
