Order by:
Sh.Amrinder Singh Sidhu, President
1. This Consumer Complaint has been received by transfer vide order dated 26.11.2021 of Hon’ble President, State Consumer Disputes Redressal Commission, Punjab at Chandigarh under section 48 of CPA Act, vide letter No.04/22/2021/4 C.P.A/38 dated 17.1.2021 from District Consumer Commission, Ludhiana to District Consumer Commission, Moga to decide the same in Camp Court at Ludhiana and said order was ordered to be affected from 14th March, 2022.
2. The complainant has filed the instant complaint under section 12 of the Consumer Protection Act, 1986 (now section 35 of Consumer Protection Act, 2019) on the allegations that in the month of November, 2015 he purchased one fully automatic washing machine from Ms.Ashu Electronics vide bill No. 1056 dated 09.11.2015 and for this, the complainant took financed from Opposite Parties @ 0% and made down payment of Rs.10,500/[ and remaining amount of Rs.1900/- was made in 10 monthly equal installments to Opposite Parties. Though the complainant made all the installments in time, but even though, after receiving the entire amount, the Opposite Parties did not NOC to the complainant. Rather, the Opposite Parties had deducted amount of Rs.1900/- on 2.12.2016, Rs.800/- on 18.8.2017, Rs.400/- on 28.08.2017, Rs.696/- on 19.9.2017 in total amounting to Rs.3796/- from the bank account of the complainant without his instructions. As such, there is deficiency in service on the part of the Opposite Parties. Vide instant complaint, the complainant has sought the following reliefs.
a) The Opposite Parties may be directed to refund the amount of Rs.3796/- i.e. excess amount deducted from his account alongwith interest and also to pay Rs.30,000/- on account of compensation due to mental tension and harassment caused by the complainant and Rs.31000/- as litigation expenses and also to pay any other relief to which this District Consumer Commission may deem fit be also granted.
3. Opposite Parties appeared through counsel and contested the complaint by filing the written version taking preliminary objections therein inter alia that the complaint filed by the complainant is not maintainable and is liable to be dismissed as the complainant has attempted to misguide and mislead this District Consumer Commission. It is submitted that the complainant had availed a CD loan vide Loan No.4260CD17083877 for an amount of Rs.19,000/- on 19.11.2015 which was to be repaid in 10 monthly instalments of Rs.1900/- which were paid well within time. It is further submitted that on the closure of the loan account, the complainant can visit the branch office and collect the NOC from the branch office itself and if not then every customer at the time of availing the loan gets a user id and password by which the customers can check the repayment schedule and other information and can also retrieve the ‘No Objection Certificate’ as well. The complainant in this case could have also approached the branch or could have retrieved the NOC by using the user id and password on the customer id URL which is a public portal as well. Further it is denied that the amounts which have been alleged by the complainant to be deducted by the Opposite Parties is wrong and false as these amounts are not getting reflected in the statement of account and the complainant should take up the matter of deduction of amount with his banker. Not only this, the complainant had dishonoured all the EMIs after the instalment of 1 and 2, subsequently the same was paid in cash by the complainant which is evident from the statement of account attached and as a goodwill gesture, the bouncing charges of Rs.350/- was waived off from the Opposite Party’s end and hence, there is no deficiency in service on the part of the Opposite Parties. Hence, the complaint may be dismissed with costs.
4. In order to prove his case, the complainant has tendered into evidence his affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C16 and closed the evidence on behalf of the complainant.
5. On the other hand, to rebut the evidence of the complainant, Opposite Parties also tendered into evidence the affidavit of Ms.Shivani Garg Ex.RW alongwith copies of documents Ex.R1 to R8 and closed the evidence.
6. We have heard the ld.counsel for the parties and also gone through the documents placed on record.
7. The case of the complainant is that in the month of November, 2015 he purchased one fully automatic washing machine from Ms.Ashu Electronics vide bill No. 1056 dated 09.11.2015 and for this, the complainant took financed from Opposite Parties @ 0% and made down payment of Rs.10,500/[ and remaining amount of Rs.1900/- was made in 10 monthly equal installments to Opposite Parties. Though the complainant made all the installments in time, but even though, after receiving the entire amount, the Opposite Parties did not NOC to the complainant. Rather, the Opposite Parties had deducted amount of Rs.1900/- on 2.12.2016, Rs.800/- on 18.8.2017, Rs.400/- on 28.08.2017, Rs.696/- on 19.9.2017 in total amounting to Rs.3796/- from the bank account of the complainant without his instructions. As such, there is deficiency in service on the part of the Opposite Parties.
8. On the other hand, ld.counsel for the Opposite Parties has repelled the aforesaid averment and contended that the complainant had availed a CD loan vide Loan No.4260CD17083877 for an amount of Rs.19,000/- on 19.11.2015 which was to be repaid in 10 monthly instalments of Rs.1900/- which were paid well within time. It is further submitted that on the closure of the loan account, the complainant can visit the branch office and collect the NOC from the branch office itself and if not then every customer at the time of availing the loan gets a user id and password by which the customers can check the repayment schedule and other information and can also retrieve the No Objection Certificate as well. The complainant in this case could have also approached the branch or could have retrieved the NOC by using the user id and password on the customer id URL which is a public portal as well. Further it is denied that the amounts which have been alleged by the complainant to be deducted by the Opposite Parties is wrong and false as these amounts are not getting reflected in the statement of account and the complainant should take up the matter of deduction of amount with his banker. Not only this, the complainant had dishonoured all the EMIs after the instalment of 1 and 2, subsequently the same was paid in cash by the complainant which is evident from the statement of account attached and as a goodwill gesture, the bouncing charges of Rs.350/- was waived off from the Opposite Party’s end and hence, there is no deficiency in service on the part of the Opposite Parties. Perusal of the record shows that alongwith the written version filed by the Opposite Parties i.e. on 27.03.2018 the Opposite Parties also filed copy of No Objection Certificate, which was lateron exhibited as Ex.R8 during their evidence, in which it is certified that Bajaj Finance Limited, has received complete payment for the Consumer Durable facility availed by the customer under the Loan Agreement No:4160CD17083877 dated 12.11.2015 and there is no further amount outstanding and payable buy the customer to Bajaj Finance Limited, under the aforesaid loan, but for the reasons best known to the complainant, he is contesting the instant complaint without any reason because from the date of knowledge i.e. 27.03.2018 i.e. about 4 years have elapsed, the grievances of the complainant have already been redressed. Furthermore, with regard to excess payment charged, the Opposite Parties have placed on record, the statement of account which clearly shows that no extra payment has been charged by the Opposite Parties from the complainant in this loan account, hence we do not find any deficiency in service on the part of the Opposite Parties.
9. In view of the aforesaid facts and circumstances of the case, the instant complaint stands dismissed. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs. Copies of the order be furnished to the parties free of cost by District Consumer Commission, Ludhiana and thereafter, the file be consigned to record room after compliance.
Announced in Open Commission at Camp Court, Ludhiana.
Dated: 28.04.2022.
