Jharkhand

Bokaro

CC/130/2019

Sujit Kumar - Complainant(s)

Versus

The Authorise representative Bajaj Finance Limited - Opp.Party(s)

Hira Lal Prajapati

08 Mar 2022

ORDER

1. Complainant has filed this case with prayer for direction to O.P. to pay Rs. 7632/-/- with interest @ 18% per annum on account of extra deducted amount of loan installment, for payment of Rs.30,000/-, as compensation to the complainant.

 

2. Complainant’s case in brief is that he purchased a Camera after obtaining loan Rs. 65,000/- from the O.Ps. He started to pay the loan installment which was paid till 02.08.2018 but on 06.04.2018 O.Ps. transferred Rs. 7632/- from the loan account of the complainant to the account holder of A/c No. 31852207777 against a loan of DDR Bajaj Auto of some unknown person for which complainant repeatedly requested to the O.Ps. to reimburse the same but it has not been done. Hence legal notice was served having no action on the part of O.Ps. hence case has been filed. W

 

3. W.S. has been filed by the O.P. mentioning therein that the complainant has no cause of action who has not approached the Commission with clean hand. Further the contents of para 1,2,3,4,5 and 6 have been admitted. Further it is replied that due to technical error of the system the account of the complainant was linked with the account of another customer namely Mr. Ashok Saini who was also a customer of the O.Ps. hence said amount was wrongly deducted from the account of the complainant and transferred to the account of said Ashok Saini and later on said error has been rectified by refund of the claimed amount to the complainant in his registered bank account. Further reply is that O.Ps. never received any legal notice hence it is prayed to dismiss the case.

 

4. From careful perusal of the pleadings of the parties it is apparent that claim of the complainant has been admitted by the O.Ps. and later on they have refunded the wrongly deducted amount Rs. 7632/- to the complainant.

 

5. It reveals from the written reply as well as the papers annexed with it that after persuasion by the complainant and filing of the case, error has been rectified by the O.Ps. but earlier request of the complainant was not taken into notice. Therefore, in our opinion there is deficiency in service by the O.Ps. in respect to present matter. Hence in our view prayer of the complainant is liable to be accepted.

 

6.    Accordingly, the prayer made by the complainant is being allowed in the following manner:-

 

Since the installment of Rs. 7632/- has already been paid by the O.Ps. therefore, O.P. No.1 is directed to pay Rs. 2000/-(Rs. two thousand) to the complainant as compensation on account of harassment caused to him. Compliance of this order must be insured within 45 days.