Haryana

Ambala

CC/45/2021

Ashok Kumar Verma - Complainant(s)

Versus

Shilpa Agencies - Opp.Party(s)

C.L. Sharma

13 Sep 2022

ORDER

 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, AMBALA.

                                                          Complaint case no.         :      45 of 2021

                                                          Date of Institution           :     21.01.2021

                                                          Date of decision    :     13.09.2022

Ashok Kumar Verma, aged about 62 years, s/o Jagdish Lal R/o H.No.107, Street No.2, Topkhana Bazar, Ambala Cantt.

                                                                             ……. Complainant.

                                                Versus

1. Shilpa Agencies, 170/6-7, Rai Market, Ambala Cantt. through its proprietor/partner.
2. Bajaj Finserv, Financial Institution, Karan Palaza, SCO-91, Ganpati Tower, Dena Bank, Prem Nagar, Ambala City-134003.                                              

                                                                                       ….…. Opposite Parties.

Before:        Smt. Neena Sandhu, President.

                             Smt. Ruby Sharma, Member,

          Shri Vinod Kumar Sharma, Member.           

                                                

Present:        Shri C.L.Sharma, Advocate, counsel for the complainant.

                      Shri Rajeev Sachdeva, Advocate, counsel for the OPs.

 

Order:        Smt. Neena Sandhu, President.

1.                Complainant has filed this complaint under Section 35 of the Consumer Protection Act, 2019 (hereinafter referred to as ‘the Act’) against the Opposite Parties (hereinafter referred to as ‘OPs’) praying for issuance of following directions to them:-

1. To release Coupon Voucher of Rs.8000/-, i.e 10% of Rs.80,000/-,the sale consideration of full size Fridge of Samsung Company or to pay/release Rs.8,000/- with upto date interest at the rate of 24% per annum to the complainant.
2. To pay Rs.50,000/- as compensation for the mental agony and physical harassment suffered by the complainant.
3. To pay Rs.5,000/- as litigation expenses.
4. Grant any other relief which this Hon’ble Commission may deem fit. 

 

2.             Brief facts of this case are that on 20.3.2020, the complainant approached OP No.1 for purchase of full size Fridge of Samsung Company on full cash payment. After fixing the sale consideration of Fridge, OP No.1, advised the complainant to purchase it through finance from OP No.2 on the ground that he will be entitled for 10% of coupon voucher of Rs.8000/- on the total amount of Rs.80,000/-. It was assured that the said facility will be released to the complainant through wallet of Bajaj Finserv services to be downloaded through the Bajaj Finserv in mobile no.9812632875 of the complainant for payment of electricity bill, Dish TV bill, Mobile Re-charges etc. The complainant accepted the advice of the OP No.1 and got financed the Fridge in question through OP No.2, for an amount of Rs.53,436/- to be repaid in eight installments. The complainant paid an amount of Rs.26,600/- in cash to OP No.1 and purchased the said Fridge. The complainant released first installment on 1.5.2020 for an amount of Rs.6711/- and other seven installments for Rs.6675/- each, from his account-State Bank of India. Topkhana Bazar, Ambala Cantt. Four installments were paid and completed in the month of August, 2020 but the  OPs did not provide the facility of redemption of the said voucher amounting to Rs.8000/-.  Various requests made by the complainant in the matter to the OPs, did not yield any result.  By not providing the facility of redemption of Rs.8,000/-, the OPs have not only committed deficiency in service but have also indulged into unfair trade practice. Hence, the present complaint.
3.           Upon notice, OP No.1 appeared and filed written version and raised preliminary objections with regard to maintainability, not come with clean hands and suppressed the material facts, locus standi and cause of action etc. On merits, while admitting factual matrix of the case, regarding sale of the said refrigerator to the complainant, it has been stated that OP No.1 is an authorized dealer of Samsung India Pvt. Ltd. and it sold the brand new Samsung Refrigerator in good working condition without any defect, to the complainant. OP No.1 has no concern with the coupon voucher or any such type of scheme of OP No.2. The complainant wanted to purchase the big fridge but due to some financial problem he himself approached OP No.2 to finance it. Rest of the averments of the complainant were denied by OP No.1 and prayed for dismissal of the present complaint with heavy costs.
4.           Upon notice OP No.2, appeared through the same counsel and filed its written version wherein it has been stated that the instant complaint is defective, baseless and devoid of merits, the reason being that the complainant has made "BAJAJ FINSERV" as a party to the complaint whereas the fact is that the loan has been financed by "Bajaj Finance Limited". "BAJAJ FINSERV" is a Trade/ Brand name which is being used by "Bajaj Finserv Limited" & "Bajaj Finance Limited" as per their mutual agreement. "Bajaj Finserv Limited" is a Company incorporated under the Companies Act, 1956 and is a core investment company as defined under Core Investment Companies (Reserve Bank of India) Directions, 2011. Bajaj Finsery Limited is not engaged in business of financing of consumer durables to the end customers as alleged in the complaint. Bajaj Finserv Limited does not have any branch offices anywhere in India and hence the allegation of the complainant is false and misleading. Bajaj Finserv Limited has neither provided any loan to the complainant nor collected / recovered any amount from the complainant as alleged. The complainant has purchased a Samsung Refrigerator from OP No: 1 and accordingly availed a loan from the OP No.2 in the sum of Rs.80100/- vide Loan account No: 4400CDFY169306 dated 20.03.2020 with a monthly EMI of Rs. 6675/- for a contract period of 12 months. The complainant has paid 4 EMI's in advance totalling to Rs.26,700/- and the balance to be paid at 08 equal installments commencing from 01.05.2020 and ending on 01.12.2020. The said loan account as on date stands closed and No objection Certificate has also been issued to the complainant. The complainant failed to redeem the said voucher, as a result whereof its period stood expired. As a good will gesture, OP No.2 remapped the said voucher again on 13^th Feb 2021 in the experia Portal of the complainant wherein the Offer campaign code was valid till 31^st March 2021 and BFLAUG3 was valid till 31^st May 2021. The complainant again failed to avail the same. The complainant had to use/ redeem the voucher within the Limitation period but he failed to do so. The complainant has never approached the branch office of OP No.2 with regard to non issuance of the cash back vouchers. Rest of the averments of the complainant were denied by the OP No.2 and prayed for dismissal of the present complaint with costs.
5.           Learned counsel for the complainant tendered affidavit of the complainant as Annexure CA alongwith documents as Annexure C-1 to C-4 and closed the evidence on behalf of the complainant. On the other hand, learned counsel for the OP No.1 gave statement that written statement filed on behalf of OP No.1-company be treated as evidence on behalf of OP No.1 and closed the evidence on behalf of OP No.1. Learned counsel for OP No.2 tendered affidavit of Ms. Shivani Garg, Authorized representative Bajaj Finance Limited, 1^st floor, SCF 35, BRS Nagar, Opp. Police Station, Ludhiana-141002 as Annexure OP-2/A and closed evidence on behalf of OP No.2.
6.           We have heard the learned counsel for the parties and carefully gone through the case file.
7.           Learned counsel for the complainant submitted that OPs No.1 and 2 were under legal obligation to give the facility of redemption of voucher amounting to Rs.8,000/- to the complainant, yet, by not doing so, they indulged into unfair trade practice and were also deficient in providing service, for which they need to be penalized.  They are also jointly and severally liable, either to provide redemption of voucher of Rs.8000/- or in the alternative to pay the said amount of Rs.8000/- to the complainant alongwith interest, compensation etc.
8.           On the contrary, the learned counsel for the OP No.1 and 2 submitted that since the complainant himself failed to redeem the said voucher, despite the fact that he was given two opportunities for the same, as such, for his own fault, OPs No.1 and 2 cannot be penalized. He further submitted that OP No.2 is still ready to offer the said facility of redemption voucher to the complainant, as a goodwill gesture. 
9.           The fact that the complainant was entitled to get redemption voucher of Rs.8000/- from OP No.2, in lieu of purchase of the refrigerator in question from OP No.1, which was to be released through wallet of mobile app of the complainant for payment of electricity bill, dish TV bill, mobile recharge etc., is not disputed. The complainant is alleging that the said facility of redemption voucher of Rs.8000/- was not provided to him. On the other hand, OP No.2, in its written statement has clearly stated that the said facility was provided to the complainant, twice, but he failed to avail the same, as a result whereof, the period of limitation of the said redemption expired. However, at the time of arguments, learned counsel for OPs has submitted that as a goodwill gesture, OP No.2 is still ready to provide the facility of redemption voucher of Rs.8000/- to the complainant. In this view of the matter, we dispose of the present complaint, with the direction to OP No.2 to provide the facility of redemption voucher of Rs.8000/- to the complainant, within a period of 45 days from the date of receipt of the certified copy of this order, failing which, the OP No.2 shall pay the amount of Rs.8,000/- to the complainant alongwith interest @5% p.a. from the date of filing of this complaint i.e. 21.01.2021 till realization. Complainant is also directed to utilise the said redemption voucher within the period of three months of providing the same. Certified copy of the order be supplied to the parties concerned, forthwith, free of costs as permissible under Rules. File be indexed and consigned to the Record Room. 

Announced on: 13.09.2022.

 

          (Vinod Kumar Sharma)        (Ruby Sharma)                   (Neena Sandhu)

              Member                                Member                            President