DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. case No. 438/2018
Date of Filing: Date of Admission: Date of Disposal:
05.11.2018 14.11.2018 20.04.2022
Complainant/s:- | SRI INDRAJIT BAKSHI, S/o Ashok Kumar Bakshi, residing at East Bankimpally, Post Office – Madhyamgram, P.S. – Madhyamgram, Kolkata – 700129, District – North 24 Parganas. -Vs- |
Opposite Party/s:- | Bajaj Finserv Lending alias Bajaj Finserv Ltd. alias Bajaj Finance Ltd., having office at 1201, 12th Floor, Infinity Benchmark, Plot G-1, Ep & Gp, Sector – V, near SDF more, Salt Lake City, Kolkata – 700091. Corporate Office at Survey No. 208/1/B, 4th Floor, Viman Nagar, Near Hyatt Hotel, Pune – 411014. |
P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT / FINAL ORDER
This is a complaint U/s 12 of the Consumer Protection Act.
The Complainant stated that on 14/10/2011, he purchased a SONY camera from the shop of Great Eastern Trading Co. for Rs. 14,600/- out of which Rs. 4,868/- was paid by him on spot and for the rest of Rs. 9,732/- finance was sort from the representative of the Opposite Party present at that shop counter at that time and date. The Complainant had completed with all the formalities and the O.P. on spot sanctioned a term loan of Rs. 9732/- under 0% (Zero) interest for a tenure of 12 months vide the O.Ps customer i.d. No. 6476287 to purchase the said camera with condition to refund the entire loan amount of 8 ECS deduction each of Rs. 1,217/- from the submitted bank account of the Complainant. The said loan commenced from October 2011 to September 2012.
In the succeeding 8 months the Opposite Party released the said loan amount in full in 8 equal installment of Rs. 1,217/- from the bank account of the Complainant on dates 06/02/2012, 05/03/2012, 05/04/2012, 07/05/2012, 05/06/2012, 05/07/2012, 06/08/2012, 05/09/2012. After releasing the full loan
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C.C. case No. 438/2018
amount the O.P. in the name of Bajaj Finserv Lending issued a loan account statement dated 16/09/2012 to the Complainant showing the full and final repayment of the said loan.
On and from May 2016, the Complainant noticed that each year in the month of May till this year the O.P. has been illegally debiting money from his above mentioned bank account through ECS debit inspite of fact that the Complainant neither given the Opposite Party any further ECS mandate nor has made any further monetary transaction with O.P. The details of the illegal ECS debits are Rs. 99/- on 30/05/2016, Rs. 99/- on 31/05/2017 and Rs. 117/- on 25/05/2018. The Complainant sent a written complaint to O.P. on 28/06/2018 with request to immediately stop such illegal debit and to repay the illegally debited money to the said bank account of the Complainant but the O.P. did not take any step. Hence, the Complainant filed this case praying for a direction to O.P. to immediately stop any further illegal debit of money from the bank account of the Complainant and for compensation of Rs. 15,000/- and litigation cost of Rs. 5,000/-.
The Opposite Party did not appear to contest the case inspite of service of summons and accordingly the case proceeded ex-parte.
Ld. Advocate for the Complainant submitted that he has filed all the documents to prove the case that the Opposite Party has been illegally debiting money from the account of the Complainant inspite of payment of all the installments by the Complainant to the O.P as per agreement. He further prayed for the grant of reliefs as per prayers of the complaint.
Considering the fact of the case as made out in the complaint and the evidence adduced by the Complainant and the documents filed by the Complainant and the submissions of the Ld. Advocate for both sides we find that the Complainant has proved his case with evidence on oath and by submitting all the documents. There is no evidence to the contrary by the O.P. to disbelieve the evidence and the case of the Complainant and in absence of any evidence to the contrary we find that the Complainant has proved the case and the Complainant is entitled to get the reliefs as prayed for.
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C.C. case No. 438/2018
In the result, the case succeeds ex-parte.
Hence,
It is Ordered:-
That the case being No. C.C. 438/2018 be and the same is decreed ex-parte against the Opposite Party. The Opposite Party is directed to refund Rs. 315/- (i.e. Rs. 99 + Rs. 99 + Rs. 117) debited from the bank account of the Complainant with 8% interest thereon from the date of such debit till repayment to the Complainant within 02 months from this date and the Opposite Party are also directed to immediately stop any further illegal debit of money from the bank account of the Complainant on account of the transaction in question in this case.
The Opposite Parties are also directed to pay a sum of Rs. 5,000/- as compensation and Rs. 2,000/- as litigation cost to the Complainant within 02 months from this date, failing which the Complainant is at liberty to execute the decree according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President
Member President
