BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.95 of 2017

Date of Instt. 05.04.2017

Date of Decision: 11.10.2017

Yash Pal S/o Sh. Agya Ram R/o H. No.BX 738 Kishanpura, Jalandhar.

..........Complainant

Versus

Bajaj Finserv, Shop No.203, 204, Sahota Commercial Complex Pvt Ltd., Garha Road, Opp. Bus Stand, Jawahar Nagar, Jalandhar, Punjab 144001, Through its Manager.

..….… Opposite party

Complaint Under the Consumer Protection Act.

Before: Sh. Karnail Singh (President)

Sh. Parminder Sharma (Member)

Present: Sh. Robin Budhiraja, Adv Counsel for the complainant.

OP exparte.

Order

Karnail Singh (President)

1. The instant complaint filed by the complainant, wherein stated that the complainant has purchased one LED TV 32' on 01.01.2013 for Rs.30,000/-. At the time of purchase, the complainant has took the loan for LED @ 0% finance scheme of Bajaj company for 10 months. As per this scheme, the complainant will have to pay Rs.3000/- every month for 10 months regularly and the loan will be completed on 02.10.2016. At the time of giving loan to the complainant, the OP has took signature on ECS payment system i.e. on every month, the installment has been automatically deducted from the bank account of the complainant, vide loan account No.4380CD18775885.

2. That due to some family problem, the complainant was not able to pay his installment in time. As per the statement as provided by the Bajaj Finance till 31.03.2017, the balance of loan is Rs.6000/-. Now the complainant is ready to give the payment to Bajaj Finance Company but the OP has demanded Rs.11,000/- from the complainant without any reason. Moreover, the complainant got shocked to see his bank statement that the OP has deducted Rs.225/- as bounced charges, number of times, in one day and has deducted rupees more than 1000 from complainant's account. The complainant has requested the OP for refund his amount but the OP has flatly refused to do so and demanded more Rs.11,000/- from the complainant. Now the complainant has no other remedy but only to approach this Forum because the OP has committed great negligence, deficiency and unfair trade practice with the complainant and as such, the instant complaint was filed with the prayer that the complaint of the complainant may be accepted and OP be directed to refund Rs.5000/-, which is unnecessarily deducted from the account of the complainant and also be directed to pay a compensation of Rs.50,000/- alongwith litigation cost of Rs.10,000/-.

3. Notice of the complaint was given to the OP and OP was duly served through its Incharge but despite service, none has appeared on behalf of the OP and ultimately OP was proceeded against exparte.

4. In order to establish his exparte case, the counsel for the complainant tendered into evidence duly sworn affidavit of the complainant Ex.CA alongwith some documents Ex.C1 to Ex.C3 and closed the evidence.

5. We have heard the learned counsel for the complainant and also gone through the case file very minutely.

6. For the very outset, it is clear that the allegations of the complainant are not controverted by the OP because the OP inspite of service, failed to appear in the Forum and no written reply has come on the file and as such, the case of the complainant is to be scrutinized from the pleadings of the complaint as well as from the appended documents placed on the file by the complainant. As per version of the complainant, he purchased LED for an amount of Rs.30,000/- and accordingly, he took a loan for the purchase of the said LED @ 0% interest finance scheme of Bajaj Company for 10 months and accordingly, the complainant has to pay the said loan amount of Rs.30,000/-, in 10 months for Rs.3000/- per month and it is agreed to be paid up to 02.10.2016, but due to some unavoidable circumstances, the complainant could not able to pay his installment of loan in time and further alleged as per statement provided by Bajaj Finance till 31.03.2017, the balance of loan is Rs.6000/-, but the complainant was astonished to see his bank statement that the OP has Rs.225/- deducted as bounced charges number of times in a day and has deducted more than Rs.10,000/- from the bank account of the complainant and when, the complainant requested for refund of the aforesaid amount, the OP flatly refused and further demanded balance amount of Rs.11,000/-, whereas as per the statement of account up to 31.03.2017, a balance loan amount is shown as Rs.6000/-.

7. In order to reach the right conclusion, we have gone through the bank statement Ex.C1 and Ex.C2 and admittedly Rs.225/- has been withdrawn by the OP through ECS payment system, number of times on each day. It is the only OP, who can disclose for what purpose, the aforesaid amount of Rs.225/-, number of times in a day was transferred from the account of the complainant, but for the best known reason, the OP has not appeared. So, under these circumstances, it is clear that the OP has withdrawn the said amount from the account of the complainant through ECS payment system and the same is not accounted for in the loan account of the complainant and further, the version of the complainant that there remains only Rs.6000/- as a balance loan amount is also accepted being the same is not controverted by any other party. So, under these circumstances, we reach the conclusion that the claim of the complainant remains un-rebutted and un-challenged and therefore, we have no earthly ground to discard the same and accordingly, the complaint of the complainant is partly accepted and OP is directed to refund the amount of Rs.5000/-, which is unnecessarily deducted from the bank account of the complainant and also directed to pay a compensation of Rs.5000/- and litigation expenses of Rs.3000/-. The aforesaid whole amount be paid within one month from the date of receipt of the copy of order, failing which the OP is liable to pay the aforesaid whole amount of Rs.13,000/- with interest @ 9% per annum from the date of filing the complaint till realization. The complaint could not be decided within stipulated time frame due to rush of work.

8. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated Parminder Sharma Karnail Singh

11.10.2017 Member President