District Consumer Disputes Redressal Commission ,Faridabad.
Consumer Complaint No.378/2024.
Date of Institution:09.05.2024.
Date of Order: 29.10.2024.
Lakhami Gupta @ Lakhmi @ Lakhami Chand Gupta, son of Sh. Fateh Chand Gupta, aged 49 years, resident of house No. 2454, Tilpat, Surdas Colony, Amarnagar, Faridabad, Haryana – 121003. Aadhar card No. 4442 9471 6270
…….Complainant……..
Versus
M/s. Bajaj Finance Limited C/o Balaji Motors, 1B, 209, Neelam Bata Road, Block B, AC Nagar, New Industrial Township, Faridabad, Haryana – 121001 through its authorized person.
…Opposite party……
Complaint under section-12 of Consumer Protection Act, 1986
Now amended Section 34 of Consumer protection Act 2019.
BEFORE: Amit Arora……………..President
Mukesh Sharma………..Member
Indira Bhadana………….Member.
PRESENT: Shri Naveen Aggarwal, counsel for the Complainant.
Opposite party ex-parte vide order dated 14.05.2024.
ORDER:
The facts in brief of the complaint are that the complainant was registered owner of Bajaj Auto Three Wheeler bearing its registration No. HR-38-AB-4633, engine No. AZYWLK84341, Chassis No. MD2A27AY0LWK02750 and the said vehicle was registered with RTA Faridabad, Haryana and this vehicle had been financed by opposite party and opposite party disbursed loan amount of Rs.1,77,000/- in the month of January, 2020 in favour of registered owner/purchaser of the said vehicle. The complainant had to return the said loan of Rs.1,77,000/- in 36 monthly installment @ Rs.7115/- per month which was total amount of Rs.2,56,140/- to the opposite party. Due to Covid-2019, the complainant could not pay 6 instalments in time, for which tenure of payment of loan was increased from 36 installment to 42 installments i.e.07.03.2020 to 07.08.2023. According to the account statement issued by the opposite party, it reflects that complainant had paid Rs.2,77,560/- till 15.04.2024 against the loan amount of Rs.1,77,000/- which was issued @ 25.83% per annum and complainant lastly visited at the office of opposite party regarding his dues against said loan in the last week of April, 2024, opposite party had given account statement to the complainant which clearly shows that opposite party had received total amount of Rs.2,77,560/- till 15.04.2024. On 17.04.2024, opposite party threatened to the complainant that there were some installment were due, if complainant would not pay the same immediately then the opposite party should snatch the vehicle of the complainant and against this threat of the opposite party and accordingly opposite party snatched his above said vehicle on 17.04.2024 and against which complainant DAIL 112 and also gave complaint to DCP, Sector-12, Faridabad & SHO of P.s. Sarai Khawaja, Faridabad, after intervening of DCP, Faridabad, thereafter opposite party return the said vehicle to the complainant on 25.04.2021. It was settled before the area police that complainant had to pay Rs.20,000./- to the opposite party and opposite party would close his loan account and would issue NOC, Loan closure letter and other original documents lying with him. Thereafter opposite party put new demand of Rs.30,000/- before the complainant and complainant came under pressure of the opposite party and paid Rs.30,000/-on 06.05.2024. The complainant had paid total amount of Rs.3,07,560/- till 06.05.2024 against loan of his vehicle No. HR-38-AB-4633 for an amount of Rs.1,77,000/-. As per interest rate charged by the opposite party on the loan disbursed amount of Rs.1,77,000/- for a period of 4 years @ 25.83% per annum which was total of Rs.2,85,650/- (Rs.1,77,000/- as principal + Rs.1,08,650/- as interest) and the complainant had paid Rs.3,07,560/- to the opposite party till 06.05.2024 and the same was also admitted by the opposite party in his account statement. , therefore it was crystal clear that opposite party had taken an excess amount of Rs.21,910/- from the complainant. The aforesaid act of opposite party amounts to deficiency of service and hence the complaint. The complainant has prayed for directions to the opposite party to:
a) issue direction not to snatch the alleged vehicle Bajaj Auto Three Wheeler bearing its regn. No. HR-38-AB-4633 from the possession of the complainant.
b) issue direction not to demand of Rs.30,000/- or any amount from the complainant against loan.
c) issue direction to return excess amount of Rs.21,910/- alongwith interest @ 25.83% per annum from 06.05.2024 till its realization, which had been taken by the opposite party illegally and unlawfully.
d) issue direction to handover original RC, route permit, fitness certificate, Gatta copy etc. of said vehicle No. HR-38-AB-4633 to the complainant.
e) issue direction to Issue NOC, loan closure letter regarding vehicle NO. HR-38-AB-4633 to the complainant.
f) pay Rs.50,000/- as compensation for causing mental agony and harassment .
g) pay Rs. 22,000 /-as litigation expenses and Rs.22,000/- as lawyer fee.
2. Notice issued to opposite party received back with the report of “Refusal”. Case called several time since morning but none appeared on behalf o opposite party. affidavit of Shri M.K Aggarwal also filed. Hence, opposite party was proceeded against ex-parte vide order dated 14.5.2024.
3. The complainant led evidence in support of his respective version.
4. We have heard learned counsel for the complainant and have gone through the record on the file.
5. In this case the complaint was filed by the complainant against opposite party– M/s. Bajaj Finance Limited, with the prayer to: a) issue direction not to snatch the alleged vehicle Bajaj Auto Three Wheeler bearing its regn. No. HR-38-AB-4633 from the possession of the complainant. b)issue direction not to demand of Rs.30,000/- or any amount from the complainant against loan. c) issue direction to return excess amount of Rs.21,910/- alongwith interest @ 25.83% per annum from 06.05.2024 till its realization, which had been taken by the opposite party illegally and unlawfully. d)issue direction to handover original RC, route permit, fitness certificate, Gatta copy etc. of said vehicle No. HR-38-AB-4633 to the complainant. e) issue direction to Issue NOC, loan closure letter regarding vehicle NO. HR-38-AB-4633 to the complainant. f)pay Rs.50,000/- as compensation for causing mental agony and harassment . g) pay Rs. 22,000 /-as litigation expenses and Rs.22,000/- as lawyer fee.
To establish his case, the complainant has led in his evidence Ex.CW-
1/A – affidavit of Lakhami Gupta@ Lakhmi @ Lakhami Chand Gupta,, Ex.C-1 – adhaar card, Ex.C-2 – registration details, Ex.C-3 – loan details,, Ex.C-4 –complaint to DCP, Faridabad, Ex.C-5 – Internal communication regarding release of customer vehicle to Lakhmi Chand Gupta, Ex.C-6 - EMI Payment successful,, Ex.C-7 – Receipt of complaint.
6. There is nothing on record to disbelieve and discredit the aforesaid ex-parte evidence of the complainant. Since opposite party has not come present to contest the claim of the complainant, therefore, the allegations made in complaint by the complainant go unrebutted. From the aforesaid ex-parte evidence it is amply proved that opposite party has rendered deficient services to the complainant. Hence the complaint is allowed.
7. Opposite party is directed to:
a) over haul the account of complainant after deduction of the paid amount.
b) Issue NOC after taking the balance money from the complainant (if any).
c) refund the excess amount (if any) after taking 36 EMI from the complainant.
d) pay Rs.5500/- as compensation for causing mental agony & harassment.
e) Pay Rs.3300/- as litigation expenses to the complainant.
Compliance of this order be made within 30 days from the date of receipt of copy of this order. Copy of this order be sent to the parties concerned free of costs. File be consigned to the record room.
Announced on:29.10.2024. (Amit Arora)
President
District Consumer Disputes
Redressal Commission, Faridabad.
(Mukesh Sharma)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
(Indira Bhadana)
Member
District Consumer Disputes
Redressal Commission, Faridabad.
