Ld. Advocate(s)
For Complainant: Debraj Das
For OP/OPs : Raja Bhattacharya
Date of filing of the case :18.12.2020
Date of Disposal of the case :31.07.2023
Final Order / Judgment dtd.31.07.2023
Complainant above named filed this complaint against the aforesaid opposite party u/s 35 of the Consumer Protection Act, 2019 praying for direction to refund
(2)
back an amount of Rs.1,007/-, issue no dues certificate, compensation amounting to Rs.40,000/- and cost of the case.
He alleged that he had purchased one Refrigerator amounting to Rs.29,700/- and OP financed the same. It was settled that the loan amount will be repaid the 12 instalments at the rate of Rs.2475/- each. Complainant at the time of purchased of aforesaid Refrigerator paid 4 instalments. It was settled that remaining 8 instalments will be repaid by Auto Debit System from the savings bank account of the complainant. But OP informed that due to technical fault of the company Auto Debit System did not work. Thereafter, they collected the instalment from the complainant along with additional charge of Rs.126/-for each instalment. By this way OP collected the remaining 8 instalments from the OP along with extra amount of Rs.1,007/-. But after payment of entire loan amount OP not yet issued any no dues certificate. Hence, the complainant filed this case.
On perusal of record, we find that OP not yet filed any W/V. They filed interrogatories when complainant submitted affidavit in chief and complainant gave the answer.
Trial
During trial complainant filed affidavit in chief. OP filed questionnaire and complainant gave answer.
Documents
Complainant produced the following documents viz :
- Original copy of Tax Invoice / Challan issued by Shruti Sangeet Enterprise dated 23.04.2019..........(One sheet)
- Original copy of Pass Book vide account No.50404596998 issued by Allahabad Bank...........(One Book)
- Original copy of Statement of account issued by Bajaj Finserv customer Id 85149896.........(Three sheets)
- Original copy of Statement of account issued by Bajaj Finserv customer Id 85149896..........(Three sheets)
- Xerox copy of letter issued by Bajaj Finance Limited dated 30.06.2019.......(One sheet)
- Xerox copy of letter issued by Bajaj Finance Limited dated 13.06.2019.......(One sheet)
- Xerox copy of letter issued by Bajaj Finance Limited dated 13.06.2019.......(One sheet)
(3)
- Xerox copy of letter issued by Bajaj Finance Limited dated 21.06.2019.......(One sheet)
- Xerox copy of letter issued by Bajaj Finance Limited dated 21.06.2019.......(One sheet)
10)Original copy of legal notice issued by Ld. Adv. Debraj Das on behalf of complainant to OP dated 09.10.2020 along with Postal Receipt........(Three sheets)
Brief Notes of Argument
Complainant filed BNA. OP filed BNA.
Decision with Reasons
We have carefully gone through the petition of complaint filed by the complainant, affidavit in chief filed by the complainant and documents filed by the complainant, BNA filed by the complainant and BNA filed by the OP. We have carefully considered these documents.
On perusal of aforesaid documents, we find that it is admitted position that complainant purchased one Refrigerator with the financial help of OP valued of Rs.29,700/- and it was settled that said amount be repaid by 12 instalments at the rate of Rs.2475 each. At the time of purchase of said Refrigerator complainant paid 4 instalments at a time. It was settled that remaining 8 instalments be paid through Auto Debit System from the savings bank account of the complainant. But OP could not realise the instalment of aforesaid loan through Auto Debit System due to their technical fault. Subsequently, OP collected the remaining 8 instalments from the OP and on that time collected extra amount of Rs.126/- with every instalment. By this way OP collected the aforesaid 8 instalments and collected extra amount of Rs.1,007/-.
On careful perusal of record and documents, we find that complainant paid the entire amount of the aforesaid loan along with extra amount of Rs.1,007/-.
It is the allegation of the complainant that in spite of payment of entire amount of aforesaid loan OP is not issuing the no dues certificate in his favour.
During hearing Ld. Adv. for the OP failed to assign proper reason as to why they collected the extra amount of Rs.1,007/- and as to why they are not issuing no dues certificate in favour of the complainant.
On perusal of record, we find that complainant is the consumer and the OP is a service provider.
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Having regard to the aforesaid discussion, we are of the firmed view that complainant has able to established his grievance by sufficient documentary evidence and he is entitled to relief as per his prayer.
In the result, present case succeeds.
Hence,
It is
Ordered
that the present case be and the same is allowed on contest against the OP with cost of Rs.3,000/- (Rupees three thousand) to be paid by OP in favour of the complainant.
OP is directed to refund Rs.1,007/-(Rupees One thousand seven) in favour of the complainant as he collected the same from the complainant in illegal way within 45 days from this date.
Complainant is directed to issue no dues certificate in favour of the complainant within 45 days from this date.
OP is further directed to pay Rs.10,000/-(Rupees Ten thousand) in favour of the complainant as compensation for his harassment, mental pain and agony.
OP is directed to comply the aforesaid order within 45 days from this date failing which complainant shall have liberty to put this order into execution.
Let a copy of this final order be supplied to both the parties as free of costs.
Dictated & corrected by me
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PRESIDENT
(Shri DAMAN PROSAD BISWAS,) ..................... ..........................................
PRESIDENT
(Shri DAMAN PROSAD BISWAS,)
We concur,
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MEMBER MEMBER (NIROD BARAN ROY CHOWDHURY) (MALLIKA SAMADDAR)
