BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.

                                                          Consumer Complaint no.227 of 2016                                                                                                                                     Date of Institution         :    07.09.2016

                                                         Date of Decision   :   25.10.2016.

Tarun Madaan son of Sh. Partap Madaan, resident of Shah Satnam Ji Nagar, Begu road, Sirsa.

                                                                                           ……Complainant.

                                      Versus.

Bajaj Financer, near Punjab National Bank, Dabwali road, Sirsa through Branch Manager.

                                                                                ...…Opposite party.

Complaint under Section 12 of the Consumer Protection Act,1986.

Before:        SHRI S.B.LOHIA………………………..PRESIDENT

                   SHRI RANBIR SINGH PANGHAL……MEMBER.   

Present:       Sh. Tarun Madaan, complainant in person.

Opposite party already exparte.

                   ORDER

                   Brief facts of the present complaint are that on 27.08.2015 the complainant had purchased one laptop from Khanna Computers for a sum of Rs.28,600/- in installments which was financed by opposite party and the loan was to be repaid in 12 installments. At the time of purchase of laptop, the complainant had made payment of Rs.10,000/- in cash and had given two cancelled cheques to the opposite party and eight installments of Rs.2317/- each remained due towards him. The first installment of Rs.2317/- was debited from the account of the complainant by the op and thereafter four installments were also debited from his account and remaining three installments were deposited by the complainant in cash with the op. The complainant has deposited all the installments up to 20.4.2016 but inspite that opposite party has imposed penalty of Rs.700/- upon the complainant on the ground that he has not deposited the installment in time whereas the complainant deposited installments of three months in advance with the op and the loan was got closed. It is further averred that when the complainant met with Sh. Narender an official of opposite party and asked him to sanction loan of Rs.5,00,000/- to him, then he stated to him that loan will not be given to him as his profile is not correct. In this way, the complainant has suffered mental harassment and financial loss and is entitled to compensation of Rs.50,000/- besides litigation expenses from the opposite party. Hence, this complaint.

2.                Notice of the complaint was issued to the opposite party who refused to accept the same and, therefore, op was proceeded against exparte.

3.                In exparte evidence, the complainant has tendered his affidavit Ex.CW1/A, copy of statement of account Ex.C1, copy of pass book Ex.C2 and receipt of Rs.4634 dated 20.4.2016 Ex.C3.

4.                We have heard complainant in person and have gone through the case file carefully.

5.                The complainant has tendered in evidence his affidavit Ex.CW1/A wherein he has testified all the facts so set out by him in his complaint. In support, he has placed on file copy of statement of account Ex.C1, copy of pass book Ex.C2 and copy of receipt of Rs.4634/- dated 20.4.2016 as Ex.C3. In the statement of account, it is shown that on 6.5.2016, an amount of Rs.350/- was debited on account of cheque bouncing charges and then on 8.6.2016, another amount of Rs.350/- was debited on account of cheque bouncing charges. These entries in the statement of account are of later dates from 20.4.2016 when the complainant made the payment of Rs.4634/- towards part/ full payment for credit to cash received for loan close meaning thereby that loan was already closed on 20.4.2016 after making payment of outstanding amount of Rs.4634/- and therefore, the opposite party could not deduct the said amount of Rs.700/-  from the account of the complainant which has been debited on 2.8.2016 as is evident from copy of pass book Ex.C2. Moreover, the opposite party has not justified the deduction of amount of Rs.700/- by appearing before this Forum and has opted to be proceeded against exparte. So, the evidence led by the complainant remained unrebutted and unchallenged and we have no other option but to rely upon the case of the complainant.

6.                Thus, as a sequel to our above discussion, we accept the present complaint and direct the opposite party to refund/credit the amount of Rs.700/- debited from the account of the complainant and also to correct the profile of the complainant. We also direct the opposite party to pay a sum of Rs.1000/- as compensation for harassment. This order should be complied by the opposite party within a period of one month from the date of receipt of copy of this order. A copy of the order be supplied to the parties as per rules. File be consigned to the record room after due compliance.  

Announced in open Forum.                                           President,

Dated:25.10.2016.                                               District Consumer Disputes

                                                                             Redressal Forum, Sirsa.

                                    Member.