Complaint No. :237/2009 Filed on : 01/04/2009 Decided on : 03/04/2010 Duration : 01 year 0 months 02 days BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM COLLECTOR OFFICE, ROOM NO. 214, IIND FLOOR, THANE) Shri. Anup Jitendra Swaroop Shree complex 4 building, Khadakpada, Kalyan(W) 421 301. ..Complainant V/s. Proprietor Jyoti Electrovision, 13/4 Flower Valley, Khadakpada, Kalyan. ..Opponent
CORUM : HON'BLE MEMBER : MRS. BHAVANA PISAL HON'BLE MEMBER : MR. P. N. SHIRSAT Complainant through Adv. Opposite Party through Adv. R.A.NAIR J U D G E M E N T (3rd April 2010) HON'BLE MEMBER : MR. P. N. SHIRSAT 1. This complaint is filed as per section 12 Under Consumer Protection Act 1986 and the brief facts of the complaint are narrated as under:- That the Complainant states that as per the understanding given by Opponents that the Opponent is having tie up agreement with the ICICI Bank. As per assurance given by the representative of the Opponent, the Complainant has purchased a model no.DCR-DVP-610E SONY HANDYCAM on dt. 26/01/2009 by paying extra charge of Rs.540/- inorder to avail the facility of SIX MONTHLY INSTALMENTS WITH ZERO PERCENT INTEREST by paying the amount of Rs.18,530/- through his ICICI BUSINESS CARD. However the Complainant surprised and shocked to receive a telephone call from the ICICI Bank stating that the Complainant cannot utilise the 6 months EMI facility and the said the amount have to be paid in one installment by the Complainant before 15th February 2009 alongwith an additional Rs. 930/-, failing which interest would be chargeable. Therefore the Complainant approached to the proprietor Mr. Manoj on dt. 10/02/2009 who assured to the Complainant not to worry and the problems would be solved. However on dt.11/02/2009 the representative reached to the Complainants house and collected Rs.930/- by giving threats and insulted the Complainant infront of his family members causing
.. 2 .. defamation and the embarrasment. The Complainant wrote letter to the Opponent to resolve the matter amicably or else refund his entire amount as he is not in urgent need of the SONY HANDYCAM. The Opponent turned deaf years to the Opponent. Being aggrieved and dissatisfied by the insulting and unhuman behaviour meted out to the Complainant who has filed the complaint in the Forum stating that the cause of action took place on dt. 26/01/2009 at Kalyan hence it is within the period of limitation and also it is within the teritorrial as well as pecuniary jurisdiction. Therefore this Forum has jurisdiction to adjudicate and decide this complaint. The prayer of the Complainant is as follows:- 1.The Opponent to pay Rs.17,990/- to the Complainant as the price of HANDYCAM. 2.The Opponent to pay Rs.1,00,000/- to the Complainant towards mental harassment/agony. 3.The Opponent to pay Rs.5,000/- to the Complainant towards legal expenses. 4. Any other reliefs as may deem fit and proper.
2. The Forum has issued the notice to the Opponent vide Exhbit no. 4. The Opponent filed vakalatnama vide Exhibit no. 5 and also filed written statement vide Exhbit no. 6. The Complainant filed application vide Exhibit no.7 for granting time to file rejoinder and the same was granted. Accordingly the Complainant has filed rejoinder vide Exhibit no. 8 also filed written arguments vide Exhibit no. 9 whereas the Opponent has filed written arguments vide Exhibit no. 10. The contention of the written statement and the written arguments of the Opponents are as follows: The cause of action pertains to ICICI CREDIT CARD for Rs.17,990/- and SERVICE CHARGES Rs.540/-. The Opponent promised of EMI but Complainant could not avail the facility as promised from his ICICI bank by way of credit card. As the Opponents charged the interest amount the Complainant got annoyed and wanted to return the handycam. The Opponents states that once the goods are sold the question of return back does not arise. The complaint is false, baseless and concacted as Opponent never promised. The Complaint is devoid of merit and filed for extracting .. 3 .. money from the Opponents. The Complainant has good paying capacity as shown in the account statement. The Complainant should have filed the case against the ICICI Bank for availing EMI facility and not with the Opponent. Since the complaint is false and the same should be dismissed with cost to the Opponent.
3. We have carefully perused and scrutinised the documents affidavit, rejoinder and written arguments of the Complainant and also the written statement, affidavit and written arguments of the Opponents filed on record. In this complaint two question arises for our consideration which is as under:- A)Whether the Opponent is negligent/deficient in his service towards the Complainant? Answer – Yes. B)Whether the Complainant is entitled for compensation on account of mental harassment and also legal expenses? Answer – yes. R E A S O N S A)Explanation:- In the second paragraph of the written statement itself the Opponent has stated clearly “that the Complainat has purchased handicam from the shop of the Opponent and that the handicam has been duly received by the Complainant against the payment. However the allegation by the Complainant against the Opponent is that the Opponent promsied of EMI of 6 monyhs interest free instalments but the Complainant could not avail the facility as promised by the Opponents from his ICICI bank by way of credit card and therefore this complaint was lodged by the Complainant. The Complainant approached to the Opponent and as per mutual understanding the Opponent was having a tie up with the ICICI banks has promised to give handicam to the Complainant with 6 EMI without interest. The Opponent charged Rs.540/- to the Complainant for availing the 6 monthly EMI facility without interest. The Opponent after receiving Rs.540/- towards extra charges has become the service provider and the Complainant became consumer by having PRIVITY OF CONTRACT. Afterwards the Opponent cannot unilaterally alter the terms and conditions of the oral agreement thereby giving rise for causing deficiency and negligency in service. B) Explanation:- On dt.10/12/2007 the servant Mr.Sandeep and the Owner Mr. Manoj has assured the Complainant to solve the problems but the ICICI representative has insulted, humiliated and threatened to the Complainant to .. 4 .. pay back the interest of Rs.930/-. After payment also the ICICI Bank representative insulted the Complainant in front of his family members and relatives which has caused tremendous mental trauma to the Complainant. It seems the Opponents has voileted the terms and conditions of the oral agreement unilaterally compelling the Complainant to cough up all the payment which was earmarked for some important household and family matters. The Opponent being the trader has to behave politely with courtesy to the Complainant as the Complainant is the Consumer and the “CONSUMER IS A KING.” Therefore we feel the Opponents being the service provider are deficient in their services causing hardhip and mental and physical agony to the Complainant. With this view we pass the following final order:- O R D E R 1. Complaint no. 237/2009 is partly allowed and disposed off. 2. The Opponent to pay Rs.930/- + Rs.540/-(Rs. Nine Hundred and Thirty plus Rs. Five Hundred Fourty Only) to the Complainant towards interest illegally collected from him. 3. The Opponent to pay Rs. 10,000/-(Rs. Ten Thousand only) to the Complainant towards compensation on account of mental and physical harassment. 4.The Opponent are ordered to pay Rs.2,000/- (Rs. Two Thousand Only) to the Complainant towards legal expenses. 5. The Opponents are ordered to follow this order within 30 days from the receipt of this order through direct payment or else penal proceedings shall be initiated against them. 6. Certified copies be furnished to the parties free of charges.
THANE DATE : 03/04/2010
(MR. P. N. SHIRSAT) (MRS. BHAVANA PISAL) MEMBER MEMBER | 
