Delhi

North

CC/78/2023

SAHIL LODHI - Complainant(s)

Versus

M/S KISHAN ENTERPRISES - Opp.Party(s)

04 Jul 2024

ORDER

District Consumer Disputes Redressal Commission-I (North District)

[Govt. of NCT of Delhi]

Ground Floor, Court Annexe -2 Building, Tis Hazari Court Complex, Delhi- 110054

Consumer Complaint No:78/2023

 

IN THE MATTER OF:

 

Sh. Sahil Lodhi

S/o Sh. Anil Kumar Lodhi,

605/5, Pul Mithai,

Shivaji Road, Azad Market,

Delhi-110006.                                     …                          Complainant

 

Vs

M/s Kishan Enterprises

Through its CEO

2308, Main Bazar, Subzi Mandi,

Ghanta Ghar, Delhi-110007.               …                          Opposite Party No.1

 

M/s Bajaj Finance Ltd.

Through its CEO

Office At

1351, 13^th floor,

Aggarwal Multi Height,

Netaji Subhash Palace,

Pitampura, Delhi-110034.                   …                          Opposite Party No.2

 

ORDER

04/07/2024

Ashwani Kumar Mehta, Member:

 

1.       The present complaint has been filed under Section 35 of the Consumer Protection Act, 2019. The brief details of facts, as alleged by the Complainant in the Complaint in hand, are that:-

1. the complainant approached the Opposite Party No.1 for purchasing a mobile phone of OnePlus Nord 2T 8/128 (VIVO-Mobile/V23 PRO (8+120G) on dated 02.02.2023 for a sum of Rs.28,999/- with SGST 9% and CGST 9% and got delivery of said instrument on same day after getting it financed from Opposite Party No.2.
2. The Complainant paid a sum of Rs.4,200/-in cash and rest of amount of Rs.24,799/- was financed by Opposite Party No.2 at 0% interest with the monthly instalment/EMI @ Rs.4,750/- per month payable w.e.f. 2^nd March, 2023 and last EMI was due on 02.08.2023. However, the EMI of principle amount of Rs.24,799/- divided by 6 months comes to Rs.4,133/16p which could be payable by Complainant w.e.f. 02.03.2023 to 02.08.2023 because the Complainant has already paid EMI of March, 2023 (on 02.03.2023) of Rs.4,750/- auto deducted from the Complainant.
3. The OP-2 has been taking EMI of Rs.442/- in excess per month w.e.f. 02.03.2023 to 02.08.2023 by finance of original amount which is unfair and not payable by the Complainant and the same is liable to be refundable with interest 12% per annum.

 

2.       It has been alleged that the OPs-1 & 2 has adopted unfair trade practice  and the OPs are liable for damages, pain, agony and harassment to the tune of Rs.20,000/- with costs of litigation of Rs.15,000/-. It has therefore, been prayed that the OPs may be directed to return the excess charged amount beyond EMI of Rs.4,133/16P with interest @ 12% per annum and deduct EMI @ Rs.4,133/16P instead Rs.4,750/-from the bank account of the Complainant w.e.f. 02.03.2023 to 02.08.2023.       It has further been prayed that the OP may kindly be directed to pay a sum of Rs.20,000/- as compensation for pain, agony and harassment and  a sum of Rs.15,000/- for litigation charges/costs.

 

3.       The Complainant has also filed copies of tax invoice dated 02.02.2023, loan account statement/details dated 08.02.2023, loan account details dated 09.03.2023, repayment schedule and aadhar card alongwith the complaint to substantiate the allegations.

 

4.       Accordingly, notices were issued to the OPs to defend the complaint before the commission but the OPs neither appeared nor did send any communication despite service of the notice. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service and have been proceeded Ex-parte, the allegations made by the Complainant have remained un-rebutted.

5.       The complainant has also filed evidence by way of Affidavit. Therefore, the complaint has been examined on the basis of the documents/evidences and material available on records and it has observed that :-

a.       the mobile phone was purchased on 02.02.2023 at the price of Rs.28,999/- inclusive of the GST, as is evident from the tax invoice.

b.       the phone was financed by the OP-2  and Rs.4,200/- was paid in cash as down payment by the Complainant. As such,  balance amount of Rs. 24,799/- was to be financed by the OP-2 at 0% interest rate and EMI of Rs.4,133/16P was to be paid in six instalments by the complainant whereas the OP-2 has been deducting instalments of Rs.4,750/-.

c.       As per Loan Account details filed by the Complainant, the OP-2 has financed the product against amount of Rs.38,000/- which is not matching with the price reflected on the invoice of the product.

d.       repayment schedule of amount financed i.e. Rs.38,000/-, also indicates that the amount shall be collected in Six instalments along with advance EMIs which comes to total amount of Rs.38,000/-.

 

6.       The Complainant has also filed a copy of another loan account of Rs.2,649/- for an insurance plan “Abhi Group Health Indemnity Plan” issued by Aditya Birla Health Insurance against which  an instalment of Rs.442/- has also been deducted. We are failed to understand as to why this insurance plan has been sold by the OPs while selling the phone to the complainant. Since the OPs have chosen not to contest the allegations levelled in the complaint despite service, it is considered as deemed acceptance of the allegations of deficiency of service and harassment to the complainant by the OP-1 & 2.

7.       However, the material available on the record is sufficient to corroborate the allegations of deficiency in service and unfair trade practice on the part of the OPs-1 & 2 as levelled in the instant complaint. Therefore, we feel appropriate to direct the OP-2 to:-

a. recast the loan from amount of Rs.38,000/- to Rs.24,799/- in six EMI (after deducting down payment of  Rs.4,200/- from Rs.28999/- the price of phone as per invoice issued by OP-1) and recover the same in six EMI of Rs.4,133/16P within 30 days.  In case any excess amount has been recovered from the Complainant, the same shall be refunded to the Complainant within 30 days from the date of receipt of this order with interest at the rate of 9% from the date of recovery of instalment till the date of payment;

b. refund a sum of Rs.2,649/-(amount charged for Abhi Group Health Indemnity Plan) to the complainant within 30 days from the date of receipt of this order with interest at the rate of 9% from the date of recovery of instalment till the date of payment;

8.       In addition to the amount ordered at para 7 (a) & (b) above, the OP-1& 2  are also directed to pay Rs.25,000/- jointly and severally to the Complainant as compensation for the mental  pain, agony and harassment caused due to their deficiency in service and unfair trade practice.

9.       In case, the amount ordered at para 7 and 8 above is not paid by the respective OPs to the Complainant within the period as directed above, the OPs shall be liable to pay interest @12% per annum on the entire awarded amount from the date of expiry of 30 days period.

10.     Order be given dasti to the parties in accordance with rules. Order be also uploaded on the website. Thereafter, file be consigned to the record room.

 

ASHWANI KUMAR MEHTA                                              HARPREET KAUR CHARYA

                  Member                                                                                   Member      

   DCDRC-1 (North)                                                                          DCDRC-1 (North)

 

                 DIVYA JYOTI JAIPURIAR

                   President 

                                               DCDRC-1 (North)