Hon’ble Mrs. Rumpa Mandal, Member.
In a nutshell, the case of the Complainant is that she purchased one refrigerator from Poddar & Co. Ltd., Cooch Behar with the financial help of OP i.e. Bajaj Finance Ltd. amounting to Rs.16,300/-. The OP issued loan statements vide Loan Account No. 6W60CD85697221 vide Customer ID No. 7777 3934 and as per terms and conditions, the Complainant paid all EMIs and after full satisfaction OP issued no dues certificate dated 16.08.2021. OP deducted the amount from Savings Account No. 34536608723 but after issuing NOC on 16.08.2021, OP illegally did not stop ECS Mandate from the Complainant account on 09.12.2021, 05.01.2022 and 10.02.2022 due to fault of OP till today bank deducted of Rs. 295/- + Rs/ 295/- + Rs. 295/- = total Rs.885/- from the Complainant’s account. Subsequently, the Complainant filed written complaint through registered post on 10.01.2022. It is alleged that when the loan was cleared by the Complainant and thereafter OP issued NOC. After termination as well as all ECS of Bank were closed then on what basis the above amount were deducted by the OP. The Complainant demands that it is the fault of opposite party.
So, the Complainant filed the instant complaint before this Commission seeking several reliefs in the Commission of an order directing the OP to refund of Rs.885/- in the account of the Complainant along with a sum of Rs.80,000/- for deficiency in service as well as mental agony and Rs.20,000/- towards cost of litigation.
Notice has been served upon the OP which they received by signing with a seal on the Notice on 29.03.2022. But the OP did not contest the case. Accordingly, the case is decided to be heard ex-parte against the OP.
The Complainant in order to establish the claim adduced evidence on affidavit and documents before this Commission.
Perused the pleadings of the Complainant and the documents in the case record. Heard the argument advanced by Ld. Advocate for the Complainant. The statements made in the evidence on affidavit are absolutely in consonance with the averments made in the complaint petition.
The Complainant in order to establish the case produced and proved the following documents:-
- Annexure A -> Copy of Tax Invoice dated 24.08.2018.
- Annexure B -> Copy of Loan statement.
- Annexure C -> Copy of No dues Certificate dated 16.08.2021.
- Annexure D -> Copy of bank statement.
- Annexure E, E₁ -> Copy of Postal receipt through registered post and written complaint.
All the aforesaid documents proved by the Complainant stand unchallenged and undiscarded in as much as the case is heard ex-parte.
After perusing all the documents adduced in evidence by the Complainant, it transpires that after issuing NOC and no dues certificate, OP never deducted any amount on the account of the Complainant.
The entire oral and documentary evidence of the Complainant could not be disproved since the case is heard ex-parte.
In the light of the aforesaid discussion and observation made in the foregoing paragraphs a reasonable inference is drawn that the Complainant successfully proved the case as consumer against the OP and the OP is under deficiency in service as well as malpractice. So, the OP should be considered as committed deficiency in service which caused mental pain and agony.
Accordingly, the case of the Complainant succeeds ex-parte against the OP.
Hence, it is
Ordered
That the Complaint Case No. CC/17/2022 be and the same is allowed ex-parte with cost.
The Complainant do get an award for a direction to the OP to refund of Rs.885/- in the account of the Complainant.
OP is further directed to pay Rs.50,000/- for deficiency in service as well as mental pain and agony and for cost of proceeding of Rs.15,000/-, total Rs. 65,885/- (Sixty Five thousand eight hundred eighty five) only within 30 (thirty) days from the date of passing the Final Order to the Complainant failing which the OP shall pay an interest @ 6% p.a. on the awarded sum i/d the Complainant shall be entitled to execute the award as per provisions of law”.
Let a plain copy of this Order be supplied to the concerned party by hand/by Registered Post with A/D forthwith, free of cost, for information & necessary action as per rule.
The copy of the Final Order be also available in the official website: www.confonet.nic.in.
