Kerala

Thiruvananthapuram

CC/19/349

Vijayakumar M - Complainant(s)

Versus

Bajaj Finserv - Opp.Party(s)

08 Dec 2021

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

SRI.P.V.JAYARAJAN        : PRESIDENT

SMT.PREETHA G NAIR    : MEMBER

SRI.VIJU.V.R                    : MEMBER

CC.NO.349/2019 (Filed on : 05.10.2019)

ORDER DATED : 08.12.2021

 

COMPLAINANT

Vijayakumar.M

TC.71/5214, ICC Factory Lane,

        Chalai, Pin - 695036

 

(Party in person)

  VS

 

OPPOSITE PARTY

        The Manager,

        Bajaj FinServ,

        Blue Star Arcade,

        TC 88/1888, Manjalikkulam Road,

        Thampannor, Trivandrum,

        Pin code – 695001

ORDER

SRI.P.V.JAYARAJAN        : PRESIDENT

      1.         This complaint filed under section 12 of Consumer Protection Act 1986 and stood over to this date for consideration and this Commission passed the following order.

    2.         The case of the complainant is that on 31.03.2019 he has purchased dress materials worth Rs.5000/- by using the Bajaj EMI Card issued by the opposite party. The loan number of said transaction is 414REMEE132928. The equal monthly instalment (EMI) fixed was Rs,1667/-. The complainant has paid three instalments on 02.05.2019, 02.06.2019 & 02.07.2019 respectively and closed the loan. The complainant’s case is that even after closing the loan account the opposite party deducted Rs.2673/- each on 02.08.2019, 04.09.2019 & 03.10.2019 respectively from the complainant’s bank account. According to the complainant the opposite party has collected excess amount of Rs.8019/- and hence there is deficiency in service and unfair trade practice on the part of the opposite party and approached this Commission for redressing his grievances.

3.     After admitting the complaint, notice was issued to the opposite party and after receiving the notice from this Commission, the opposite party failed to appear before this Commission on the date fixed for the appearance of the opposite party. Hence this Commission declared the opposite party as exparte on 19.11.2019. Though the opposite party received the notice from the Commission they failed to appear before the Commission and not filed any written version regarding the complaint filed by the complainant. Hence there is no oral or documentary evidence on the part of the opposite party.

        4.     The evidence in this case consists of PW1, Exts.A1 to A3 on the part of the complainant. As the opposite party was declared exparte, there is no oral or documentary evidence on the part of the opposite party.   

Points for consideration:-

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
2. Whether the complainant entitled to get the relief claimed in the complaint?
3. Order as to cost?

         5.        Heard. Perused the records. To establish the case of the complainant the complainant himself sworn an affidavit before this Commission and Exts.A1 to A3 were produced and marked on the side of the complainant. According to the complainant an amount of Rs.8019/- was collected by the opposite party in excess and hence he has suffered mental agony and financial loss. According to the complainant all this sufferings are due to the deficiency in service and unfair trade practice on the part of the opposite party and hence the opposite party is liable to compensate the complainant. By swearing an affidavit as PW1 and producing Exts. A1 to A3 documents, we find that the complainant has succeeded in establishing the case put forward by him against the opposite party, in the absence of any contra evidence on the side of the opposite party. In view of the above discussions we find that this is a fit case to be allowed in favour of the complainant.

             In the result, the complaint is partly allowed. The opposite party is directed to refund Rs.8019/- to the complainant along with Rs.10,000/- as compensation and Rs.2500/- as cost of this proceedings within one month from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realisation.  

              A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 8^th day of December 2021.

                                                                                                                                                                      Sd/-

P.V.JAYARAJAN    : PRESIDENT

 

                                                                                                                                                                        Sd/-

        PREETHA G NAIR      : MEMBER

 

                                                                                                                                                                              Sd/-

                          VIJU.V.R                : MEMBER

 

 

Be/

APPENDIX

CC.NO.349/2019

COMPLAINANT’S WITNESS

 PWI                          – Vijayakumar.M

Exhibits for the Complainant

Ext.A1 series            - Copy of bank statement account details  

                                   from ICICI Bank

 

Ext.A2                      - Copy of No Dues Certificate

 

Ext.A3                      - Copy of payment schedule from Bajaj    

                                   Finserv

 

OPPOSITE PARTY WITNESS    - NIL

Exhibits for the opposite party - NIL
 

Court Exhibit                           - NIL

 

                                                                             Sd/-

                                                                       PRESIDENT

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BEFORE THE DISTRICT

CONSUMER DISPUTES

REDRESSAL COMMISSION

VAZHUTHACADU

THIRUVANANTHAPURAM

 

CC.NO.349/2019

ORDER DATED : 08.12.2021