Judgment : 4.7.2017

            This is a complaint made by one Sk. Mujibar Rahaman against M/s Bajaj Finance Ltd., Great Eastern Appliances Ltd., 171-A, Diamond Habour Road, Thakurpukur P.S., praying for refund of sum of Rs.2,676/- wrongfully deducted for 6 months and also to pay Rs.3,250/-, transportation charges for visiting Great Eastern Office and Customer Care office of Bajaj Finance and to pay Rs.500/- for mobile call charges and to pay Rs10,000/- for causing mental agony, deficiency of service and unfair trade practice and to pay Rs.6,600/- for 2 days leave which Complainant was compelled to take.

            Facts in brief are that Complainant is an employee of South Eastern Railway OP M/s Bajaj Finance Ltd., stationed at Great Eastern Appliance Ltd., 171A, D. H. Road for facilitating loan to consumers to intending purchasers.

            Complainant purchased one split A.C. for a price of Rs.46,700/- inclusive of tax. OP, Bajaj Finance accepted the offer for interest free loan for equal monthly installments of Rs.4,670/- for 10 months payable per month from E.C.S. As per policy of the Finance Co. Complainant received an SMS on April 2016, as well a May 2016, that an amount of Rs.5,116/- is being deducted. On this Complainant approached OP with a representation, where he was told not to worry. Deductions of excess amount continued beyond May,2016 in total for 6 months excess amount was deducted. Complainant made effort for refund of the deducted amount but of no use. So, Complainant files this case.

            OP filed written version and submitted that Complainant availed a loan amount of Rs.46,700/- and EMI was Rs.4,670/- for 10 months. Complainant mandated to deduct the EMI from Bank A/C. Complainant also availed an Insurance from OP for an amount of Rs.4,458/- monthly EMI of which was Rs.446/-. Total EMI were being deducted from Complainant’s account. OP also submits that the amount deducted to the tune of Rs.2,676/- in excess was reversed and refunded to the Complainant on 23.1.2017. OP further submits that Consumer Forum has no jurisdiction in such disputes. So, OP has prayed for dismissal of the complaint.

Decision with reasons

            Complainant filed affidavit-in-chief where he has asserted the facts of complaint against this OP has filed questionnaire to which Complainant filed affidavit-in-reply. Similarly, OP filed affidavit-in-chief to which Complainant filed questionnaire to which OP filed affidavit-in-reply.

            Main point for determination whether Complainant is entitled to the reliefs. On perusal of prayer portion, it appears that main prayer of Complainant is refund of Rs.2,676/- excess deducted during 6 months.

            Other prayers are contingent on this prayer.

            From the written version and affidavit-in-chief filed by OP, it appears that OP has already refunded this amount.

            Several Xerox copies of documents have been filed.

 On perusal of the documents, it appears that OP paid Rs.2,676/- the amount to Complainant on 23.1.2017 after filing of this case at the earliest stage. So, Complainant’s prayer for transportation charges, compensation cannot be allowed. However, since the dispute could be settled after filing of this complaint, Complainant is entitled to the relief of Rs.2,000/- for the approximate expenses in filing this complaint.

            Hence,

ordered

            CC/594/2016 is allowed in part on contest against OP. OP is directed to pay Rs.2,000/- to the Complainant within two months of  this order, in default the amount shall carry interest @ 10% p.a.