Before:     Hon’ble President, Biswanath De.

                                              Hon’ble Member, Debi Sengupta.                                         

                                              Hon’ble Member, Samaresh Kumar Mitra.

FINAL ORDER/ JUDGEMENT

Samaresh Kumar Mitra, Hon’ble Member.  

          The case of the complainant in brief is that he purchased a Two wheeler  of Mahindra company taking loan from the opposite party a sum of Rs.40000/- and paying the EMI of Rs.1574/- for 36 months as per agreement.  He has been paying the EMI through cheque debited from the bank of the complainants. That during the time of demonetization one EMI has fallen due so he paid the EMI in cash as per direction of the OP. The OP knew all the facts during the period of demonetization but deducted EMI twice for the month of Nov.2016. Then he several times requested the OP to adjust the excess amount which they deducted twice from the account of the complainant but they pit no bid. After repaying the said loan amount before the OP, the OP further deducted EMI amount on 03.1.2018 then the petitioner agitated before him but of no result. Getting no alternative the complainant filed the instant complaint before this Forum praying for a direction upon the OP No.1 &2 to adjust the sum of Rs.3148/- as EMI amount of the month of Nov.2016, a direction of Rs.80,000/- for harassment, mental pain & agony and Rs.15,000/- for litigation cost and to issue no objection certificate towards the complainant.     

     After receiving notice O.P. No 1&2 appeared before this Forum but did not file written version.  So, the proceeding run exparte against the O.P. vide order No.5 dated 13.07.2018. 

The complainant filed evidence on affidavit in chief which is nothing but replica of complaint petition.

The complainant being the consumer of the OP filed the instant complaint before this Forum having Jurisdiction and prayed redress as incorporated in the prayer portion of the complaint petition.

 The case of the complainant is that the complainant as per agreement has been paying monthly installments through cheque in favour of the OP but in the month of Nov.2016 for demonetization his monthly installments fallen due as his cheque could not be encashed due to banking difficulties so the loanee paid the EMI in cash as per direction of the OP. Dispute cropped up in between the parties when the OP deducted EMI amount on 03.01.2018 after completion of agreed installments. The complainant raised objection regarding such deduction but the OP pit no bid and subsequently deducted further amount of Rs.1574/- on 02.02.2018 during the pendency of complaint petition. So the complainant by filing written argument assailed that the OP not only received/deducted the EMI amounts twice for the month of Nov.2016 but also deducted two EMI amount extra on 03.1.2018 & 02.02.2018 after the completion of agreed installments. The complainant petition is unchallenged one as despite appearance after getting notice from this Forum did not file their version so the argument heard exparte against the opposite party. It is not clear from the face of the case record when the installments started and last installment falls on which date and whether there is any default of EMI. But we have to rely the averments in the evidence on affidavit in which the complainant demanded the excess amount received by the opposite party amounting to Rs.3148/-.

      The opposite party not only avoided the claim of the complainant but also willfully avoided the recourse of this Forum. The inaction/negligence/ discrepancies of the opposite party tantamount to deficiency of service for which the consumer suffered a lot and compelled to sought the recourse of this Forum. It is a bare instance of deficiency of the opposite party for which they are responsible to redress the complainant. 

     Considering the facts and circumstances we are in the opinion that the complainant is entitled to get refund amounting to Rs.3148/- from the opposite party which the opposite party received and or deducted from this complainant. Under compelling circumstance the complainant had to approach this Forum so he is entitled to get litigation cost from this opposite party.

ORDER

  Hence it is ordered that the complaint case be and the same is allowed ex-parte against the OP No.1&2 with a litigation cost amounting to Rs.5000/- to be paid to this complainant.

 The OP No.1&2 are directed to refund a sum of Rs.3148/- which the OP collected from this complainant. They are also directed to issue no objection certificate regarding the two wheeler in question to this complainant within 45 days from this Order.

 The OP No.1&2 are jointly and or severally directed to pay compensation amounting to Rs.10,000/- to this complainant. 

All the payments are to be made within 45 days from the date of passing this order.

At the event of failure to comply with the order  the Opposite Party  shall pay cost @ Rs.50/- for each day’s delay, if caused, on expiry of the aforesaid 45 days by depositing the accrued amount, if any, in the  Consumer legal Aid Account.

 Let a plain copy of this order be supplied free of cost to the parties/their Ld. Advocates/Agents on record by hand under proper acknowledgement/ sent by ordinary post for information & necessary action.

          Dictated and corrected by me Samaresh Kr. Mitra, Member.