| Final Order / Judgement | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, JALANDHAR. Complaint No.410 of 2018 Date of Instt.01.10.2018 Date of Decision:20.04.2021 Bal Krishan Gupta aged about 35 years S/o Gopal Krishan R/o ES-167, Makhdoom Pura, Jalandhar presently residing at H. No.8, New Deol Nagar, Jalandhar. ..........Complainant Versus 1. M/s Bajaj Finance Limited, (Branch Office) SCF-25 & 26, Ground Floor, Urban Estate, Phase-1, Near Golden View Hotel, Opposite Gurudwara Singh Sabha, Jalandhar. 2. M/s IFB Point C/o S. R. Financial Services, Shop No.3, Sanjay Gandhi Market, BMC Chowk, Jalandhar, through its manager/Director/Owner/Partner. 3. M/s Khanna Enterprises, Circular Road, Jalandhar, through its Manager/Director/Owner/Partner. ….….. Opposite Parties Complaint Under the Consumer Protection Act. Before: Sh. Kuljit Singh (President) Smt. Jyotsna (Member) Present: Sh. K. K. Gupta, Adv. Counsel for the Complainant. OP No.1 dismissed as withdrawn. OPs No.2 & 3 exparte. Order Kuljit Singh (President) The instant complaint has been filed by the complainant, wherein alleged thaton 17.08.2018, the complainant visited the showroom of the opposite party no.2 to buy IFB Automatic Washing Machine. The representative of the opposite party no.1 was present there, who was deployed by the opposite party no.1 at the showroom of the opposite party no.2 for convincing the customers/ buyers to take loan for the purchase of the home appliances. The representative of the opposite party no.1 informed the complainant that their company is providing finance/loan for the purchase of home appliances to the genuine buyers without any interest on loan amount. The representative of the opposite party no.1 specifically told the complainant that the opposite party no.1 will not charge any extra single penny except the bill value of the product even on instalments and there is no hidden charges to buy product/washing machine on interest free EMI(s). When the complainant asked regarding schedule of repayment of loan amount then he told the complainant that the opposite party no.1 will take back his financed amount in very easy interest free instalments and the representative of the opposite party no.2 introduced their plan in which the total invoice/ bill value will be divided in 12 equal instalments/ EMI(s) and at the time of billing 4 instalments/ EMI(s) will be taken by them in advance and rest of the 8 EMI(s) will be taken in easy interest free monthly instalments. The opposite party no.2 also suggested the same as details provided by the representative of the opposite party no.1 is correct. Then the complainant agreed for the same and gave his consent at the spot for the purchase of IFB Automatic Washing machine model no. TL-SDG 9.5 Kg Aqua from the opposite party no.2. The bill value of the product was Rs.27,000/- and as per commitment Rs.27,000/- divided in 12 equal instalments/EMI(s) of Rs.2250/- each. After that representative of the opposite party no.1 calculated the amount and requested the complainant to deposit Rs.9540/- as 4 advance instalments with the cashier of opposite Party no.2. The complainant in good faith and without checking the calculation made by the representative of Opposite Party no.1 paid a sum of Rs.9540/- to the cashier of the opposite party no.2. A receipt bearing No.0001 Dated 17.08.2018 of Rs.9540/- as advance was also issued by the opposite party no.2 is attached herewith which is Ex-C1.That after receiving the above said amount, the representative of the opposite party no.1 taken signature of the complainant on loan agreement/ forms and the complainant also handed over two blank signed cheques, two photographs and photocopy of Aadhar Card to him. The representative of the opposite party no.1 also informed the complainant that from the bank account of complainant a sum of Rs.2250/- as instalment/EMI of loan will be started deducting automatically from the month of September, 2018 and will be ended in the month of April, 2018. After completing all the formalities, the opposite party no.2 delivered the IFB Washing machine along with its invoice/bill bearing No.T-150 dated 18.08.2018 at the residence of the complainant. Copy of the bill/invoice is Ex-C2. It is pertinent to mention here that the opposite party no.2 booked and taken advance booking amount of washing machine at its premises, but the delivery of product and invoice was made from the opposite party no.3 on its own. That on 28.08.2018 the complainant received a SMS from the opposite party no.1 to maintain account balance of Rs.2280/- as instalment will be deducted on 2nd of September, 2018. The complainant was surprised to see the SMS for deduction of Rs.2280/- instead of Rs.2250/-. After receiving of above said SMS the complainant checked all the calculations and found that at the time of booking of IFB washing machine the representative of the opposite party no.1 and opposite party no.2 have taken a sum of Rs.540/- extra because if we divide the billing amount i.e. Rs.27000/- in 12 instalments then the total amount of Rs.9000/- was payable as 4 advance instalments at that time (Rs.2250 x 4 =9,000/-). It means opposite party no.1 and 2 joined their hands with each other and overcharged an amount of Rs.540/- from the complainant. After that the complainant visited the office of opposite party no.1 and requested to rectify the amount of instalment from Rs.2280/- to Rs.2250/-, to adjust Rs.540/- in his loan account and also requested to change the name and account number of his bank for his convenience. But the Branch Manager of the opposite party no.1 flatly refused to do the same and also refused to receive any application in this regard. The screenshot of the SMS sent by the opposite party no.1 is Ex-C3 & Ex-C4. After that, the complainant returned back and immediate sent an email-cum- legal notice on 01.09.2018 to the opposite party no.1 to adjust Rs.540/- in his loan account, for the correction of EMI from Rs.2280/- to Rs.2250/- and change the name and account number of his bank. In reply of the above said complaint/legal notice the opposite party no.2 replied that they will resolve the issue of the complainant within 2 working days but till date no action was made. Even a reminder on dated 07.09.2018 was also sent as email but till date problem of the complainant never resolved. Copy of Email-cum-legal notice is Ex-C5, reply of the opposite party is Ex-C6 and reminder (email) is Ex-C7 and loan account statement is Ex-C8. That the opposite party no.1 to 3 have joined their hands and cheated the complainant by taking Rs.540/- illegally. The opposite party no.1 added Rs.30/- in instalment/ EMI without disclosing any specific reason and refused the genuine requests of the complainant.That the complainant has stopped paying EMI/Instalments to the opposite party no.1 due to above said reasons, but he is still willing to pay all the EMI’s to the tune of Rs.2250/- without any fine/late fee charges to the opposite party no.1. That all the opposite parties have joined their hands to cheat the general public. All the opposite parties have tied up for taking undue advantages of public money and as such, the present complaint filed with the prayer that the complaint of the complainant may be accepted and OPs be directed to pay/refund the amount of Rs.14,734/- alongwith interest @ 12% per annum and damages to the tune of Rs.25,000/- alongwith costs, in the interest of justice, equity and fair play. Notice of the complaint was given to the OPs, but despite service OPs No.2 & 3 failed to appear and ultimately, OPs No.2 & 3 proceeded against exparte, whereas the OP No.1 appeared through its counsel and filed written reply, wherebycontested the complaint by taking preliminary objections that the instant complaint filed by the complainant is a gross misuse of the process of law and as such merits rejections with costs. That the instant complaint is false, malicious, incorrect and malafide and is nothing but an abuse of the process of law and it is an attempt to waste the precious time of this Forum, as the same has been filed by the complainant just to avail undue advantages. The complaint is thus liable to be dismissed under Section 26 of the Consumer Protection Act. It is further alleged that there is no negligence or deficiency in service on the part of the OP in rendering services to the complainant and therefore the present complaint is liable to be dismissed. That no cause of action has arisen in favour of the complainant against the OP and complaint is based on mere surmises and conjectures, therefore present complaint is liable to be dismissed for want of cause of action. It is further alleged that the complainant has not come to the Forum with clean hands and have suppressed the material facts pertaining to the case from this Forum. As such, the present complaint is liable to be dismissed. The OPs specifically deny and dispute all the contentions, claims demands, allegations, averments, imputations and insinuations of the complainant against the OPs. The complaint filed by the complainant, is false, frivolous and filed with malafide intention and based on wrong information and not maintainable and liable to be rejected with cost. The complainant has filed this complaint with the intention to harass the OP. On merits, the factum in regard to taking the loan from OP No.1 is admitted, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed. Rejoinder to the written statement of OP No.1, filed by the complainant, whereby reasserted the entire facts as narrated in the complaint and denied those of the written statement. In order to prove their respective versions, both the parties i.e. Complainant and OP No.1 produced on the file their respective evidence. When the case was fixed for arguments, counsel for the complainant withdrawn the case against OP No.1, vide his separate statement dated 09.03.2021. As such, the present complaint dismissed as withdrawn against OP No.1. We have heard the learned counsel for the Complainant and have also gone through the case file very carefully. The complainant argued that the representative of the opposite party no.1 specifically told the complainant that the opposite party no.1 will not charge any extra single penny except the bill value of the product even on instalments and there is no hidden charges to buy product/washing machine on interest free EMI(s). When the complainant asked regarding schedule of repayment of loan amount then he told the complainant that the opposite party no.1 will take back his financed amount in very easy interest free instalments and the representative of the opposite party no.2 introduced their plan in which the total invoice/ bill value will be divided in 12 equal instalments/ EMI(s) and at the time of billing 4 instalments/ EMI(s) will be taken by them in advance and rest of the 8 EMI(s) will be taken in easy interest free monthly instalments. The opposite party no.2 also suggested the same as details provided by the representative of the opposite party no.1 is correct. Then the complainant agreed for the same and gave his consent at the spot for the purchase of IFB Automatic Washing machine model no. TL-SDG 9.5 Kg Aqua from the opposite party no.2. The bill value of the product was Rs.27,000/- and as per commitment Rs.27,000/- divided in 12 equal instalments/EMI(s) of Rs.2250/- each. After that representative of the opposite party no.1 calculated the amount and requested the complainant to deposit Rs.9540/- as 4 advance instalments with the cashier of opposite Party no.2. The complainant in good faith and without checking the calculation made by the representative of Opposite Party no.1 paid a sum of Rs.9540/- to the cashier of the opposite party no.2. A receipt bearing No.0001 Dated 17.08.2018 of Rs.9540/- as advance was also issued by the opposite party no.2 is attached herewith which is Ex-C1. That after receiving the above said amount, the representative of the opposite party no.1 taken signature of the complainant on loan agreement/ forms and the complainant also handed over two blank signed cheques, two photographs and photocopy of Aadhar Card to him. The representative of the opposite party no.1 also informed the complainant that from the bank account of complainant a sum of Rs.2250/- as instalment/EMI of loan will be started deducting automatically from the month of September, 2018 and will be ended in the month of April, 2018. After completing all the formalities, the opposite party no.2 delivered the IFB Washing machine along with its invoice/bill bearing No.T-150 dated 18.08.2018 at the residence of the complainant. Copy of the bill/invoice is Ex-C2. It is pertinent to mention here that the opposite party no.2 booked and taken advance booking amount of washing machine at its premises, but the delivery of product and invoice was made from the opposite party no.3 on its own. That on 28.08.2018 the complainant received a SMS from the opposite party no.1 to maintain account balance of Rs.2280/- as instalment will be deducted on 2nd of September, 2018. The complainant was surprised to see the SMS for deduction of Rs.2280/- instead of Rs.2250/-. After receiving of above said SMS the complainant checked all the calculations and found that at the time of booking of IFB washing machine the representative of the opposite party no.1 and opposite party no.2 have taken a sum of Rs.540/- extra because if we divide the billing amount i.e. Rs.27000/- in 12 instalments then the total amount of Rs.9000/- was payable as 4 advance instalments at that time (Rs.2250 x 4 =9,000/-). It means opposite party no.1 and 2 joined their hands with each other and overcharged an amount of Rs.540/- from the complainant. After that the complainant visited the office of opposite party no.1 and requested to rectify the amount of instalment from Rs.2280/- to Rs.2250/-, to adjust Rs.540/- in his loan account and also requested to change the name and account number of his bank for his convenience. But the Branch Manager of the opposite party no.1 flatly refused to do the same and also refused to receive any application in this regard. The screenshot of the SMS sent by the opposite party no.1 is Ex-C3 & Ex-C4. After that, the complainant returned back and immediate sent an email-cum- legal notice on 01.09.2018 to the opposite party no.1 to adjust Rs.540/- in his loan account, for the correction of EMI from Rs.2280/- to Rs.2250/- and change the name and account number of his bank. In reply of the above said complaint/legal notice the opposite party no.2 replied that they will resolve the issue of the complainant within 2 working days but till date no action was made. Even a reminder on dated 07.09.2018 was also sent as email but till date problem of the complainant never resolved. Copy of Email-cum-legal notice is Ex-C5, reply of the opposite party is Ex-C6 and reminder (email) is Ex-C7 and loan account statement is Ex-C8. That the opposite party no.1 to 3 have joined their hands and cheated the complainant by taking Rs.540/- illegally. The opposite party no.1 added Rs.30/- in instalment/ EMI without disclosing any specific reason and refused the genuine requests of the complainant. That the complainant has stopped paying EMI/Instalments to the opposite party no.1 due to above said reasons, but he is still willing to pay all the EMI’s to the tune of Rs.2250/- without any fine/late fee charges to the opposite party no.1. On the other hand, counsel for OP-1 has argued that complainant had availed a loan from the OP-1 towards IFB washing machine model No.TL-SDG 9.5 KG AQUA which was purchased from OP-3 vide agreement dated 4380CD84782912 dated 19.08.2018 for Rs.27,000/- to be paid in 12 equal instalments (EMIs) of Rs.2,250/- out of which the complainant had paid 4 EMI’s in advance totalling to an amount of Rs.9,000/- and rest EMI’s are to be paid from 02.09.2018 onwards for which complainant issued Electronic Clearing Mandate (ECS). The said EMIs are due on 2nd of every month. Further, representative of OP-1 specifically explained to the complainant Rs.30/- only will be charged at the time of first instalment as charge of CIBIL. As per the agreed terms, complainant entered into an agreement with OP-1. However, till date complainant has not clear even a single EMI. ECS mandates given by complainants are getting bounce and due to which complainant is liable to pay the bouncing charges. OP-1 has not received any excess amount from complainant. It is denied that OP-1 has collected sum of Rs.9540/- in fact same was collected by OP-2 at the time of purchase of washing machine the receipt of which is duly signed by complainant. In response to email dated 01.09.2018, complainant was replied vide email dated 20.09.2018, wherein the OP-1 has clarified all the concerns raised by complainant. There is no cogent reason and right to hold the EMIs just for Rs.540/- which is collected by OP-2, whereas it is the OP-1 who has financed the total sum of Rs.27,000/- to the complainant and as on date it is complainant who is taking the benefits of IFB washing machine without making a single rupee to the OP-1. The complainant is not entitled to withhold the EMIs and waiver of any late payment or bouncing charges. From the record, it is transpired from Ex.OP1/1 that OP-1 has received EMI of Rs.2,250/- as EMI from complainant. Further, as per order dated 09.03.2021, the complainant has withdrawn this complaint against OP-1. It is also clarified from the written statement of OP-1 that if any amount charge in excess, the same be charges by OP No.2 not by OP-1. As such, the OP No.2 is deficient in providing services to the complainant. In view of above said facts and circumstances, the present complaint is ex parte allowed with the direction to OP-2 to refund excess amount as received from complainant alongwith interest @ 5% Per annum from the date of deposit till date of realization. Further, OP No.2 is directed to pay compensation of Rs.2000/- to the complainant for causing mental tension and harassment and further OP-2 is directed to pay Rs.1000/- as litigation expenses. The OP-2 have no right to keep and misappropriate the public money. It must go back to the public. We, therefore, order that the OP-2 will deposit a sum of Rs.1000/, with the legal aid account of this Commission. Further, the entire compliance be made within 45 days qua compensation, litigation expenses and deposit of cost in legal aid account of this Commission by OPs from the date of receipt of the copy of order. This complaint could not be decided within stipulated time frame due to rush of work and spread of Covid-19. Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room after due compliance.
Announced in open Commission 20th of April 2021 Kuljit Singh (President) Jyotsna (Member) | |
