Karnataka

Kolar

CC/33/2017

Sri. Poondiraj, - Complainant(s)

Versus

The Manager, Bajaj Auto Finance Limited, - Opp.Party(s)

18 Jan 2018

ORDER

Date of Filing: 18/04/2017

Date of Order: 18/01/2018

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 18^TH DAY OF JANUARY 2018

PRESENT

SRI. K.N. LAKSHMINARAYANA, B.Sc., LLB., PRESIDENT

SMT. A.C. LALITHA, BAL, LLB.,  ……  LADY MEMBER

 

CONSUMER COMPLAINT NO. 33 OF 2017

Sri. A. Poondi Raj,

R/at: Susaiyapalayam,

B.M. Road, Andersonpet,

KGF-563 113.                                                           ….  COMPLAINANT.

(In-person)

 

- V/s -

1) M/s. Bajaj Finance Limited,

(Legal Department) Bajaj Auto Premises,

Material Gate, Yamuna Nagar Akurdi,

Old Pune – Mumbai Road,

PUNE-411035.

(Exparte)

 

2) The Manager,

Bajaj Auto Finance,

15^th Cross, Saraki Industries Layout,

J.P.Nagar, Bangalore.

(Exparte)

 

3) Bhavani Motors,

Railway Station Road,

Robertsonpet, KGF.

(Exparte)                                                       …. OPPOSITE PARTIES.

 

-: ORDERS:-

BY SMT. A.C. LALITHA, LADY MEMBER

01.   The complainant having submitted this complaint on hand as in-person as envisaged Under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred in short as “the Act”) against the opposite parties has sought issuance of directions to issue NOC regarding clearance of loan and also sought compensation of Rs.2,00,000/- towards damages and mental agony as well as sought for cost of Rs.30,000/- towards ligation and any other reliefs as the Forum deems to be fit.

 

02.   The facts in brief:-

(a)    It is contention of the complainant that, he had purchased a Bajaj Discover 100 CC Red colour bike for total consideration of Rs.52,500/- (including tax and RTO registration, etc.,)  from Bhavani Motors OP No.3.  He had paid Rs.22,860/- as a down payment by cash and for rest of the amount Bhavani Motors OP No.3 arranged finance from Bajaj Auto Finance OP No.2 vide finance agreement bearing No.42WBAN02511198.  As per the said agreement total EMIs are 23 months and each installment is of Rs.1,860/-, to that effect the concerned finance person had collected 23 pre-signed cheque bills and RC Cards from him.

 

(b)    Further it is submitted that, he had paid eight installments through cheque and four installments through Canara Bank Account bearing No.3219101004213 which was paid with the demand of Mr. Manjunath, collecting agent of Bajaj Finance Limited and the fourth EMI through cash for which the agent had given erasable machine printed bill.  Again for the next month another agent Mr. Ramesh Reddy, an authorized collecting agent of the said finance had collected the eighth EMI.  To his surprise when he visited the head office at Bangalore to get back his documents after the clearance of the loan, he came to know that, the said authorized agents who have cheated him by not paying to the finance company.  At last again he had paid another last installment directly at Bajaj Finance Limited, Bangalore, vide receipt bearing No.29132049 on 30.07.2015.  So with this total 25 EMIs paid and completed all the rules of the said loan agreement.  Accordingly he paid two extra EMIs even though the finance company demanded him to pay Rs.3,835/- to issue NOC.

 

(c)    Further it is contended that, in this regard he had issued a letter to the Manager Bajaj Finance Limited, Bangalore and to the CEO, Pune which is also of no use.  So contending, the complainant had come up with this complaint on hand by seeking above set-out reliefs.

 

03.   The complainant had submitted below mentioned documents:-

(i) Copy of legal notice dated: 29.12.2015

(ii) Copy of legal notice dated: 10.03.2016

(iii) Notice dated: 27.06.2015.

(iv) Copy of delivery challan dated: 01.06.2013.

(v) Copy of Notice

(vi) Postal receipts and acknowledgement

(vii) Reply notice dated: 17.03.2016

(viii) Sri. Bhavani Motors Loan details

(ix) Cash paid counter receipts of Pragathi Krishna Gramina Bank, Robertsonpet Branch, KGF (10 in numbers)

(x) Cash paid counter receipts of Canara Bank, Manjunatha agent informed to pay in this account of Smt. Ashvini Robertsonpet, KGF (04 in number).

(xi) Machine bill erasable bills Mr. Manjunath and Mr. Ramesh (11 in number)

(xii) Bajaj Finance Limited, Bangalore, cash paid receipt No.2913209, dated: 30.07.2015.

(xiii) P.E.S. Institute of Medical Sciences and Research Kuppam-517425, Chittoor District, Andrapradesh, Ref: PESIMSR/SURG/15/2016, dated: 13.04.2016.

(xiv) The postal acknowledgement for service to OP Nos.1 & 3.

(xv) Legal notice dated: 17.03.2016

(xvi) Letter of Bajaj Auto Finance dated: 10.03.2016.

(xvii) Statement of accounts pertaining to loan agreement bearing No.L2WBAN02511198 from 28.06.2013 to 02.01.2018 issued by Bajaj Auto Finance.

 

04.   As per the proceedings noted in the order-sheet, in response to notices issued by this Forum the Ops remained absent and hence placed Exparte. 

 

05.   The complainant has submitted his affidavit evidence by way of examination-in-chief.  Heard the oral arguments of the complainant. 

06.   Therefore the points that do arise for our consideration are:-

(1) Whether the complainant had paid 23 EMIs as per the loan agreement bearing No. 42WBAN02511198?

 

(2) If so, whether the Ops are guilty of deficiency of service as contended by the complainant?

 

(3) If so, to what relief the complainant is entitled for?

 

(4) What order?

 

07.   Findings of this District Forum on the above stated points are:-

POINTS (1) & (2):-   In the Affirmative

POINT (3):-      The complainant is held entitled to receive “NOC” along with other documents which were collected at the time of issuance of the said finance along with compensation of Rs.5,000/- and cost of Rs.2,000/- from the OP Nos.1 & 2.

 

POINT (4):-      As per the final order

for the following:-

REASONS

POINTS (1) TO (3):-

08.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

09.   On careful perusal of the pleadings, affidavit evidence supported with the entire documents submitted by the complainant and statement of account, it is true that, the complainant had purchased a two wheeler bike Bajaj Discover 100 CC Red colour bike from M/s. Bhavani Motors (OP No.3) which arranged for finance from Bajaj Finance Limited (OP No.2) with loan agreement bearing No.42WBAN02511198 and the amount of finance is of Rs.36,000/- for 23 installments with EMI of Rs.1,860/- and the complainant had paid a sum of Rs.22,860/- as advance for the said Bike. 

 

10.   Internet generated copy of statement of account issued by Bajaj Auto Finance OP No.2 reveals that, on 12.08.2013 due for instalment-1 Rs.1,850/- through payment received vide PDC No.794021, on 12.09.2013 due for instalment-2 Rs.1,850/- payment received vide PDC No.794022, on 12.10.2013 due for instalment-3 Rs.1,850/- payment received vide PDC No.794023, on 12.11.2013 due for instalment-4 Rs.1,850/- payment received vide PDC No.794024 but Bounced, on 10.12.2013 cash received vide receipt No.A80452C1300005 for Rs.1,850/- is cleared. 

 

11.   On 12.12.2013 due for instalment-5 Rs.1,850/- payment received vide PDC No.794025, but Bounced, on 12.01.2014 due for instalment-6 Rs.1,850/- payment received vide PDC No.794026, but Bounced.  On 22.01.2014 cash received vide receipt No.A8045211400044 INR Rs.1,850/-.  On 12.02.2014 due for instalment-7 Rs.1,850/- payment received vide PDC No.794027, but Bounced.  On 28.02.2014 Cash received Vide Receipt No.A8048321400015 INR Rs.1,850/- is cleared.  On 12.03.2014 Due for Instalment-8 Rs.1,850/- Payment received Vide PDC No.794028 is cleared.  On 04.04.2014 Cash received Vide receipt No. A8050841400001 INR 1,850/- is cleared.  On 12.04.2014 due for instalment-10 Rs.1,850/- payment received vide PDC No.794030.  On 12.05.2014 due for instalment-10 Rs.1,850/- payment received Vide PDC No.794030.  On 12.06.2014 due for instalment-11 Rs.1,850/- payment received vide PDC794031.  On 12.07.2014 due for instalment-12 payment received vide PDC 794032. 

 

12.   On 12.08.2014 Due for instalment-13 Rs.1,850/- payment received vide PDC No.794033.  On 12.09.2014 Due for instalment-14 Rs.1,850/- payment received vide PDC No.794034.  On 12.10.2014 due for instalment-15 Rs.1,850/- payment received Vide PDC No.794035.  On 12.11.2014 due for instalment-16 Rs.1,850/- payment received Vide PDC No.794036 is Bounced.  On 21.11.2014 payment received vide Cheque No.A80532B14000029 is cleared.  On 12.12.2014 Due for instalment-17 Rs.1,850/- payment received Vide PDC No.794037 is Bounced.  On 12.01.2015 due for instalment-18 Rs.1,850/- payment received vide PDC No.794038 is Bounced. 

 

13.   On 13.01.2015 payment received vide Cheque No.A8053211500009 for Rs.3,700/- is cleared.  On 12.02.2015

Due for instalment-19 Rs.1,850/- payment received vide PDC No.794039 is Bounced.  On 11.03.2015 payment received vide cheque No.A8053231500007 for Rs.3,700/- is cleared.  On 12.03.2015 due for instalment-20 Rs.1,850/- payment received vide PDC No.794040 is Bounced. 

 

14.   On 12.04.2015 due for instalment-21 Rs.1,850/-payment received vide PDC No.612766 is Bounced.  On 20.04.2015 payment received vide cheque No.A80532415000020 for Rs.1,850/- was cleared.  On 12.05.2015 due for instalment-22 Rs.1,850/- payment received vide PDC No.612767 is Bounced.  On 26.05.2015 payment received vide cheque No.A8053251500036 for Rs.1,850/- was cleared.  On 12.06.2015 due for instalment-23 Rs.1,850/-.  On 30.07.2015 cash received INR 2,200/- was cleared. 

 

15.   And thus up to 30.07.2015 cash received for Rs.2,200/- as final clearance of the EMIs and this statement of account clearly reveals that, total payable amount of the installment is Rs.42,550/- and total received amount is of Rs.42,550/-.

 

16.   In the letter dated: 10.03.2016 issued by Bajaj Auto Finance to the complainant demanding the complainant to pay the outstanding amount of Rs.3,836/- as per the full and final closure of the loan account and to issue the NOC.  When the statement of the said finance itself discloses that, the complainant had paid Rs.42,550/- which is also payable amount then how come this extra outstanding amount was demanded by the said Finance which is not according to the said loan agreement of the said hypothecation. 

 

17.   Therefore we are of the opinion that, the complainant had paid all the 23 EMIs s per the statement of accounts issued by the Bajaj Auto Finance itself.  Hence the complainant is entitled for the relief sought for.  Even though the OP No.1 after receiving the full and final installments has rendered deficiency in service for not issuing the NOC being the Chief Executive Officer of Bajaj Finance Limited OP No.1 is also held liable to pay compensation for the deficiency of service on the part of the OP No.2.  Since OP No.3 is a seller of the vehicle there is no any role with regarding to the finance or any other allegations as prayed in the complaint.  Therefore the case against OP No.3 is dismissed.

 

POINT (4):-

18.   In view of the above discussions on Point (1) to (3) we proceed to pass the following:-

ORDER

01.   For foregoing reasons this complaint stands allowed with costs of Rs.2,000/- as against OP Nos.1 & 2 and the same is dismissed against OP No.3 with no costs.

 

02.   The OP Nos.1 & 2 jointly and severally are hereby directed to issue NOC towards the finance agreement bearing No.42WBAN02511198 and any other documents of the complainant which were collected from complainant at the time of issuance of the said finance.  The complainant is held entitled for compensation of Rs.5,000/- from OP Nos.1 & 2.

 

03.   We grant 30 days time to OP Nos.1 & 2 to comply the said order from the date of communication of this order. 

 

04.   Send a copy of this order to both parties free of cost.

 

(Dictated to the Stenographer, transcribed by him, corrected and then pronounced by us on this 18^th DAY OF JANUARY 2018)

 

LADY MEMBER                                PRESIDENT