Order by:

Sh.Mohinder Singh Brar, Member

1.       The complainant  has filed the instant complaint under section 35 of Consumer Protection Act, 2019 stating that complainant has purchased two washing machines bearing no.WM NA 08LIRRB 8 KG Panasonic worth Rs.29,000/- from Opposite Party No.1, through Opposite Party No.2. Alleged that costs of the said washing machine was Rs.29,000/-, but when the complainant received the statement of account of Opposite Party No.2, in which, it is alleged that complainant has to pay Rs.39,000/-. However, bill was issued for 29,000/- and Opposite Party No.1 started deducting Rs.3250/- as EMI per month. Moreover in the statement of account two accounts numbers No.61HCDRIW404039 and 61HCDRIW404075 were mentioned. Thereafter, the complainant approached Opposite Parties, but to no effect. Due to such act and conduct of Opposite Parties, complainant has suffered mental tension and harassment. Hence this complaint. Vide instant complaint, the complainant has sought the following reliefs:-

a)       Opposite Party may be directed to refund the amount received by the Opposite Parties in excess and to take necessary action against the Opposite Party for deficient services.

b)      To pay Rs.50,000/- as compensation on account of mental tension and harassment.

c)       And any other relief which this Commission deem fit and proper be granted to the complainant in the interest of justice and equity.

2.       Upon service of notice, none has come present on behalf of the Opposite Parties, hence Opposite Parties were proceeded against exparte.

3.       In order to prove his case, the complainant has placed on record her affidavit Ex.C1 alongwith copies of documents Ex.C2 to Ex.C8.

4.       We have heard the complainant and have carefully gone through the evidence on record.

5.      From the perusal of the record, we observed that the complainant purchased two washing machines bearing no.WM NA 08LIRRB 8 KG Panasonic worth Rs.29,000/- from Opposite Party No.1, copy of invoice is Ex.C2 by taking the loan from Opposite Party No.2 and Opposite Party No.2 against the said purchase, created two loan accounts, copies of loan account details are Ex.C3 & Ex.C4, perusal of the same reveals that in both the loan accounts, the loan amount is mentioned as 19,500/-. Perusal of the statement of account placed on record reveals that the complainant has paid the amount of Rs.1742/- on 02.12.202, Rs.1625/- on 21.12.2022, Rs.1625/- on 03.01.2023, Rs.1625/- on 12.01.2023, Rs.1625/- & Rs.1625/- on 02.03.2023, Rs.1625/- & Rs.1625/- on 06.04.023, Rs.1625/- & Rs.1788/- on 04.05.2023, Rs.1625/- & Rs.1625/- on 05.06.2023, Rs.3250/- on 03.02.2023 vide receipt Ex.C5, Rs.3531 & Rs.2131.23/- on 21.07.2023 vide Ex.C6, Rs.6500/- plus Rs.6500/- in advance, which is duly mentioned in both the loan accounts Ex.C3 & Ex.C4 totaling Rs.41,692/- In this way, the complainant has paid Rs.41,692/- against the loan amount of Rs.39,000/- and duly cleared both the loans.

6.       Now, we come to the main grievance of complainant, complainant alleged that against the purchase of Rs.29,000/-, the Opposite Party No.2 sanctioned interest free loan of Rs.39,000/-, which has been challenged vide this complainant. It is evident on record vide Ex.C2 that complainant purchased 2 washing machines amounting to Rs.29,000/-, but the loan was sanctioned for Rs.39,000/-, which is also evident from loan account detail Ex.C3 & Ex.C4. It is further evident on record that the complainant has cleared both the loan accounts by paying Rs.41,692/- against the loan amount of Rs.39,000/-. In this way, the Opposite Party No.2 received Rs.10,000/- excess from the complainant, which amounts to deficiency in service and unfair trade practice on the part of the Opposite Party No.2.

7.       Moreover, evidence produced by the complainant has gone unrebutted and unchallenged through any cogent and convincing evidence on record as the Opposite parties did not opt to appear and contest the proceedings.  

8.       In view of the aforesaid facts and circumstances of the case, we partly allow the complaint of the complainant against Opposite Party No.2 and direct the Opposite Party No.2 to refund the amount of Rs.10,000/-(Rupees Ten Thousand only), which has been received by it in excess from the complainant. Further Opposite Party No.2 is directed to pay compository costs of Rs.10,000/-(Rupees Ten Thousand only) to complainant for rendering deficient services and resorting to unfair trade practice by them. Opposite Party No.2 is further penalized for Rs.10,000/-(Rupees Ten Thousand only) to be deposited in Consumer Legal Aid Account. The compliance of this order be made by the Opposite Party No.2 within 30 days from the date of receipt of the copy of this order, failing which, the Opposite Party No.2 is burdened with additional cost of Rs.10,000/- (Rupees Ten Thousand only) to be paid to complainant for non compliance of the order.  Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.  

Announced in Open Commission.