Jai Kumar Shah filed a consumer case on 21 Sep 2022 against The Bajaj Finance Ltd. in the North East Consumer Court. The case no is CC/350/2022 and the judgment uploaded on 28 Sep 2022.
Delhi
North East
CC/350/2022
Jai Kumar Shah - Complainant(s)
Versus
The Bajaj Finance Ltd. - Opp.Party(s)
21 Sep 2022
ORDER
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST
R/o H. No. 1/6326, Gali No. 4 East Rohtash Nagar, Shahdara, Delhi-110032
Complainant
Versus
The Bajaj Finance Limited
Officer at 4th Floor, Survey # 208/1-B,
Viman Nagar, Pune-411014
Opposite Party
DATE OF INSTITUTION:
JUDGMENT RESERVED ON:
DATE OF ORDER :
31.08.2022
06.09.2022
21.09.2022
CORAM:
Surinder Kumar Sharma, President
Anil Kumar Bamba, Member
ORDER
Anil Kumar Bamba, Member
The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.
The case of the Complainant as revealed from the record is that on 30.11.2016 the Complainant had purchased a Color LED T.V. from Opposite Party for the sum of Rs. 35,900/- (Rupees Thirty Five Thousand Nine Hundred Only) on Loan vide Loan bearing No. 4010CD31905770. The Complainant had purchase the said LED on Instalments and in view of that he had paid the all instalments of the said LED on time and after this Complainant’s Client approached the company for giving NOC. After this on 29.03.2018 around 1:15 PM the Complainant had received a phone call from 9083848461 & 8678061199 who told him that he talking from Bajaj Finance and asked for Date of Birth and an OTP that was sent to Complainant through the said mobile phone than Complainant asked him why he asking for his Date of Birth and an OTP than the caller replied Complainant that after submitting the OTP and Date of Birth NOC shall be clear and only for the disbursal of NOC Complainant has given the OTP and date of birth to that caller and in the same time after giving OTP and date of birth, a massage of Rs. 35,900/- (Rupees Thirty Five Thousand Nine Hundred Only) for online shopping came to Complainant. On dated 30.03.2018 one call came to the Complainant that he has done online shopping of Rs. 35,900/- but the Complainant told the caller that he had not done any online shopping. On dated 02.04.2018 Complainant had lodged a written complaint at Koshambi Office of Bajaj Finance and Complainant had blocked the card No. 2030400037697750. The Complainant had lodged only FIR against same in the Shahdara Police Station. After this Complainant approached the Koshambi Office of Bajaj Financial and given letter vide No. SR02178462 and also a Card was given i.e. 2004000-37697750. After this again a call came to Complainant about the Loan No. 401EC-F68944696 and informed Complainant about the monthly instalments whichwas six instalments of Rs. 5,984/- each. The Complainant has prayed that Opposite Party be directed to terminate the loan amount of R. 35,900/- and also to pay a sum of Rs. 50,000/- to the Complainant as compensation of harassment mental agony and pain.
We have heard the Complainant on the point of Admission and we have also perused the file. As requested by the Complainant for issuance of NOC by the Opposite Party. NOC is already issued by the Opposite Party vide letter dated 15.09.2019 of which copy is also enclosed by the Complainant along with the complaint.
In view of the above discussion, the Complainant failed to prove any deficiency of service on behalf of Opposite Party. So far as, the online shopping of Rs. 35,900/- by fraudulent means is concerned and this commission is not suppose to look into this issue because the said online fraudulent has been committed by someone. In this regard, the Complainant has already lodged a complaint with the police. This Fraudulent Act by someone is the matter of police investigation.
Hence, we did not see any ground to admit the complaint. The complaint is dismissed.
Order announced on 21.09.2022.
Copy of this order be given to the parties free of cost.
File be consigned to Record Room.
(Anil Kumar Bamba)
Member
(Surinder Kumar Sharma)
President
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