BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, PONDICHERRY

C.C.No.43/2017

Dated this the 2^nd day of April 2018

(Date of Institution:  17.11.2017)

K. Subramani, son of Kannan               

No.3, Othavadai Street, Orleanpet     

Puducherry.                           

                                                ….     Complainant

Vs.

The Authorised Signatory        

Bajaj Finserv,                                    

No.105, Eswaran Koil Street,                

Puducherry – 600 001.                   

                                       ….     Opposite Party

BEFORE:

          THIRU.A.ASOKAN, B.A., B.L.,

          PRESIDENT 

Thiru V.V. STEEPHEN, B.A.,  LL.B.,

           MEMBER

Tmt. D. KAVITHA, B.A.,  LL.B.,

           MEMBER

FOR THE COMPLAINANT            :  Thiru. I. Ilankumar, Advocate.

FOR THE OPPOSITE PARTY          :  Exparte

O R  D  E  R

(By Thiru. A.ASOKAN, President)

This is a complaint filed by the complainant under Section 12 of the Consumer Protection Act, 1986  praying to direct the opposite party immediately to return the cheque return charges of Rs.690/- to the complainant; to pay a sum of Rs.25,000/- towards compensation for the mental agony, pain and sufferings due to unfair trade practice and deficiency in service; and to pay a sum of Rs.10,000/- towards cost of this complaint.

2.  The case of the complainant is as follows:

          The complainant purchased Lloyd 1.5 Ton Split Air Conditioner along with Syscom Stabilizer from Naresh Appliances, Puducherry by availing from of Rs.16,000/- from the opposite party to be repaid in 8 equal monthly instalments at Rs.2,000/- per month.  The EMI commence from 5.6.2016 and ends on 05.01.2017.  That for availing the loan, the complainant issued cancelled cheque of Karur Vysya Bank Limited, Puducherry to the opposite party for withdrawing the EMI of Rs.2000/- every month.  Accordingly, the opposite party withdrew the first instalment of Rs.2000/- on 5.6.2016.  On 5.7.2016 the opposite party apart from withdrawing Rs.2000/- as EMI, they have withdrawn a sum of Rs.4,450/-, upon enquiry with opposite party, they have deposited the said amount to the complainant's account.  On 4.8.2016 the complainant was keeping a sum of Rs.2007.34 in his account.  On 5.8.2016 against the opposite party withdrew a sum of Rs.2000/- towards EMI and also ECS clearing of Rs.4,450/- and later the amount was deposited by the opposite party.  Due to the opposite party's act of unfair trade practice, the bank has taken Rs.7.34/- on 5.8.2016 and Rs.337.66 on 7.8.2016 totally a sum of Rs.345/- for Cheque Return Charges. 

          The complainant further stated that he got another loan from IndusInd Bank, Puducherry and monthly instalment is Rs.6,450/- and the complainant deposited the amount of Rs.6,500/- to his bank, namely, Karur Vysya Bank, Puducherry on 6.8.2016.  But the IndusInd Bank ECS clearing was rejected because insufficient funds of Rs.337/- in the account which was already taken by the Karur Vysya Bank of Cheque Return Charges.  Thereafter also, the Karur Vysya Bank took Rs.345/- for cheque return charges.  That due to the dereliction of duty, deficiency in service in service and unfair trade practice of opposite party, the complainant suffered pain and mental agony.  The complainant issued legal notice on 9.9.2016 to the opposite party to return the cheque return charges of Rs.690/- and compensation of Rs.25,000/- for mental agony, pain and sufferings.  The said notice was received by the opposite party on 24.09.2016 but did not give any reply.  Hence, the complainant filed this complaint. 

3.       The opposite party remained absent and set exparte.

4.       On the side of the complainant, the complainant himself examined as CW1 and Exs.C1 to C5 were marked through him. 

5.       Points for determination are:

1. Whether the complainant is the consumer?
2. Whether the opposite party attributed deficiency in service and unfair trade practice?
3. To what relief the complainant is entitled for?

6.  Point No.1:

          The complainant purchased one Lloyd 1.5 Ton AC from Naresh Appliances on 25.04.2016 by availing financial assistance from the opposite party.  The same is established  through Ex.C1 the Tax Invoice of Naresh Appliances.  Hence, the complainant is the consumer to the opposite party.

7.       Point No.2:

          The complainant was examined as CW1 and marked Exs.C1 to C5.  The Opposite Party was duly served, but called absent and set ex parte.  The complainant submitted that he has purchased a Lloyd 1.5 ton Air Conditioner from Naresh Appliances on 25.04.2016 vide Ex.C1.  At the time of purchase, the complainant paid initial amount and the balance was paid by the opposite party to a tune of Rs.16,000/- which is to be repaid in 8 equal monthly instalments (EMI) at the rate of Rs.2000/- per month.  That on 5.6.2016 and 5.7.2016 the opposite party  withdrawn a sum of Rs.2000/- separately from the account of the complainant as per Ex.C2.   However, according to the complainant, that while taking the EMI of Rs.2000/- on 05.07.2016, the opposite party withdrew a sum of Rs.4,450/- from the complainant's bank account which was recredited by the opposite party on 22.07.2016 as per Ex.C3 the statement of accounts.  Likewise, on 5.8.2016 the complainant withdrew a sum of Rs.2000/- and Rs.4,450/- from the complainant's Karur Vysya Bank account and the said amount of Rs.4,450/- was recredited by the opposite party on the same day itself.  Apart from the above loan, the complainant availed a loan from IndusInd Bank for which, he is paying a sum of Rs.6,450/- per month as EMI through Karur Vysya Bank cheque leaves.  Since the opposite party withdrawn a sum of Rs.4,450/- from the account of the complainant on 5.8.2016, the cheque presented by the IndusInd Bank was returned due to "insufficiency fund" and to this effect, the complainant's banker charged a sum of Rs.7.34 on 5.8.2015 and a sum of Rs.337.66 on 07.08.2016 and also debited a sum of Rs.345/- on 08.08.2016 towards cheque return charges from the account of the complainant.  The above fact was established by the complainant vide Ex.C3 the statement of accounts issued by Karur Vysya Bank, Puducherry.  The complainant approached the opposite party to pay a sum of Rs.690/- the cheque return charges, but the opposite party has not returned and revised the same.  Being suffered mentally and monetarily by the act of opposite party, the complainant issued a legal notice Ex.C4 dated 09.09.2016 to the opposite party.  Though the legal notice was acknowledged by the opposite party vide Ex.C5, they have neither returned the said amount nor cared to send any reply.  Since, there was no further communication from the opposite party, the complainant filed this complaint.   

8.       From the above facts and evidence adduced by the complainant, it is clear from Ex.C1 the invoice that the complainant purchased an Air Conditioner on 25.04.2016 by availing loan from the opposite party.  On perusal of Ex.C3 the statement of accounts, this Forum observed that on 5.7.2016 the opposite party withdrawn a sum of Rs.2,000/- being the EMI for the loan availed by the complainant and also withdrawn a sum of Rs.4,450/- without any reason.  Upon the enquiry made by the complainant, the said amount of Rs.4,450/- was recredited into the account of the complainant.  Again on 05.08.2016 the opposite party repeatedly withdrawn the sum of Rs.4,450/- from the complainant's account and was credited.  After receiving the summons from this Forum, the opposite party did  not come forward to appear and put forth their contentions.    The complainant has established his claim with material evidence.  From the facts and evidences adduced by the complainant,  it is clear that the opposite party indulged in unfair trade practice and deficiency in service by deducting the amount of Rs.4,450/- twice and it caused him mental agony and sufferings while returning the cheque by IndusInd Bank for another transaction for the reason "insufficiency fund".  Therefore, this Forum came to the conclusion that the opposite party has committed deficiency in service, and also unfair trade practice, which caused the complainant the mental agony and the monetary loss.  Thus, the complainant is entitled to get back the cheque return charges of Rs.690/- from the opposite party and also compensation for the loss and injuries suffered by the complainant and the opposite party is liable to pay the same.    This point is answered accordingly. 

9.       Point No.3:

          In view of the decision taken in point No.2, this complaint is hereby allowed and

1. The  opposite party is hereby directed to return a sum of Rs.690/- to the complainant being the cheque return charges debited from the account of the complainant by the Karur Vysya Bank, Puducherry;
2. The opposite party is hereby directed to pay a sum of Rs.5,000/-            as compensation to the complainant for the deficiency in service and unfair trade practice;  
3. The opposite party is  also directed to pay a sum of Rs.5000/- as cost of the proceedings.

Dated this the 2^nd day of April 2018.

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

MEMBER

(D. KAVITHA)

MEMBER

COMPLAINANT'S WITNESSES:  

CW.1          07.03.2018           K. Subramani     

OPPOSITE PARTY'S WITNESSES Nil

COMPLAINANTS' EXHIBITS:

OPPOSITE PARTY'S EXHIBITS: Nil

LIST OF MATERIAL OBJECTS: NIL

1. ASOKAN)

PRESIDENT

(V.V. STEEPHEN)

     MEMBER

(D. KAVITHA)

MEMBER