Chandigarh

DF-I

CC/70/2015

Mr. Saurabh Khanna - Complainant(s)

Versus

Bajaj Finserv Limited - Opp.Party(s)

In person

20 Aug 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

============

Consumer Complaint  No	:	CC/70/2015
Date  of  Institution	:	04/02/2015
Date   of   Decision	:	20/08/2015

 

 

 

 

 

Saurabh Khanna, resident of House No.352, Sector 46-A, Chandigarh – 160047.

….Complainant

Vs.

 

1.   Bajaj Finserv Limited, SCO 56, Second Floor, Madhya Marg, Sector 26, Chandigarh – 160019, through its Manager.

 

2.   Bajaj Finance Limited, 4^th Floor, Bajaj Finserv Corporate Office, Off Pune-Ahmednagar Road, Viman Nagar, Pune – 411014 (Maharashtra).

 

…… Opposite Parties

 

 

BEFORE:   MRS.SURJEET KAUR             PRESIDING MEMBER

          SH. SURESH KUMAR SARDANA     MEMBER

 

 

For Complainant	:	Complainant in person.
For OPs	:	Sh. Varun Sharma, Advocate.

 

PER SURESH KUMAR SARDANA, MEMBER

 

 

 

          In brief, the Complainant had availed a personal loan of Rs.1,50,000/- from Opposite Parties on 23.08.2014 vide Loan Account No. 424SPL04154491. According to the Complainant, there was provision of partial payments and foreclosure of loan @0% charges. It has been averred that the Complainant had paid all the EMIs @ Rs.4758/- through ECS from his ICICI Bank Account. In addition to this, he made partial pre-payment of Rs.40,000/- on 13.11.2014, Rs.25,000/- on 20.11.2014, Rs.40,000/- on 19.01.2015. It has been alleged that despite this, when he approached the Opposite Parties on 2.2.2015 to close his personal loan, he was told to deposit Rs.76,458/-. Thereafter, the Complainant made several requests to the Opposite Parties to look into the matter, but they flatly refused to help him.  When all the frantic efforts made by the Complainant, failed to fructify, as a measure of last resort, alleging that the aforesaid acts of the Opposite Parties tantamount to deficiency in service and unfair trade practice, the Complainant has filed the instant Complaint u/s 12 of the Consumer Protection Act, 1986, seeking various reliefs. 

  

2.     Notice of the complaint was sent to Opposite Parties, seeking their version of the case.

 

3.     Opposite Parties in their joint written statement have pleaded that the Complainant availed a salaried loan of Rs.1.50 lacs for his personal use vide Account No. 424SPL04154491 on 23.08.2014 (Statement of Account Annexure-B). It has been admitted that as per terms & conditions (Annexure-C), there was provision of making provisional payments and foreclosure of loan @0% charges. It has been denied that the Complainant has not yet deposited the total loan amount @ Rs.4758/- through ECS from his ICICI Bank account. While admitting the part payments of Rs.40,000/-, Rs.25,000/- and Rs.40,000/- respectively by the Complainant, the answering Opposite Parties asserted that the same was reflected in his Statement of Account. It has been urged that the Complainant had paid a total amount of Rs.1,24,032/- which was towards principal and interest. It has also been admitted that the Opposite Party No.1 asked the Complainant to deposit Rs.76,458/- on 2.2.2015 as per the statement of foreclosure (Annexure-D) which was system driven and as per the loan terms agreed by the Complainant. It has been submitted that the answering Opposite Parties had collected dues as per the rate of interest agreed by the Complainant. It has been pleaded that due to technical error in the system of the answering Opposite Parties, Rs.40,000/- which was deposited by the Complainant was not updated in Foreclosure Chart and this was well informed to the Complainant vide e-mail dated 11.2.2015. It has been asserted that as per Foreclosure Chart dated 6.5.2015, an amount of Rs.21,130/- is due from the Complainant (Annexure-F). Denying all other allegations and stating that there is no deficiency in service on their part, Opposite Parties have prayed for dismissal of the complaint.

 

4.     The complainant has filed a rejoinder, wherein he has reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Parties.

 

5.     Parties were permitted to place their respective evidence on record in support of their contentions.

 

6.     We have heard the Complainant in person and learned Counsel for the Opposite Parties and have perused the record along with the written arguments filed on behalf of the opposite parties. 

 

7.     It is observed from the statements and admissions made by the Opposite Parties that due to technical/system error the amount paid by the Complainant could not be accounted in the loan statement. Now, the Opposite Parties have accounted for all the payments made by the Complainant. Evidently, non-accounting/reflecting of the amount paid by the Complainant has definitely caused a lot of harassment and mental agony to the Complainant, in as much as,  after visiting lot many times and that too after filing of Complaint before this Forum, the corrected loan account statement has been issued by the Opposite Parties, which, to our mind, tantamounts to deficiency in service and indulgence in unfair trade practice.

 

8.     In the light of above observations, we are of the concerted view that the Opposite Parties are deficient in giving proper service to the complainant and having indulged in unfair trade practice. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties, and the same is allowed, qua them. The Opposite Parties are directed to:-

 

[a]  To issue correct statement, updating the account, to the Complainant, within 15 days of receipt of copy of this order; and upon receipt of the amount from the Complainant, they shall issue the foreclosure statement to him forthwith;

 

[b]  To pay Rs.10,000/- as compensation for mental agony & harassment suffered by the complainant;

 

[c]  To pay Rs.7,500/- as costs of litigation.

 

9.     The above said order shall be complied within 45 days of its receipt by the Opposite Parties; thereafter, they shall be liable for an interest @12% per annum on the amount mentioned in per sub-para [b] above, apart from cost of litigation of Rs.7,500/-, from the date of institution of this complaint, till it is paid, besides complying with the directions as in sub-para [a] above. 

 

10.     The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

20^th August, 2015                             

Sd/-

(SURJEET KAUR)

PRESIDING MEMBER

 

Sd/-

(SURESH KUMAR SARDANA)

MEMBER

 “Dutt”