In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.68/2012
1) Sri Jamini Ghosh,
AF-256, Kestopur,
Rabindrapally, Kolkarta-101. ---------- Complainant
---Versus---
1) The Manager,
Bajaj Auto Finance,
24, Park Street, Anuj Chamber, 4th floor,
Kolkata-16, P.S. Park Street. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Order No. 8 Dated 10/10/2012.
The petition of complaint has been filed by the complainant Sri Jamini Ghosh against the o.ps. Bajaj Auto Finance. The case of the complainant in short is that complainant purchased laptop of Rs.21,799/- by taking loan from o.p. and the loan was granted to complainant by way of an agreement dt.7.10.08 vide loan account no.410322015. The loan was sanctioned on the basis that the repayment of the entire loan amount shall be made in 24 EMIs to the tune of Rs.177/- through ECS starting from 6.11.08. Prior to taking of the loan complainant paid a sum of Rs.6000/- for the laptop towards down payment. Complainant paid 10 EMIs through ECS and other 8 EMIs were paid in cash.
After payment of 18 installments complainant due to financial crisis could not pay the amount as fixed by o.p. and subsequently, complainant was called by o.p. on 20.11.10 and on consent of both the parties a settlement letter dt.20.11.10 was handed over to complainant wherein it was stated that on payment of Rs.4000/- the loan account of complainant being no.410322015 shall stand settled (full and final). Complainant in compliance with the settlement letter dt.20.11.10 paid Rs.4000/- on 20.11.10 in cash and o.p. issued money receipt to that effect bearing no.1151755, but most shockingly complainant found that even after paying Rs.4000/- as per the settlement letter dt.20.11.10 the bank statement of complainant reflected that Rs.1177/- has been transferred to o.p. through ECS on 27.12.10.
Thereafter, on enquiry complainant came to know that o.p. did not stop the ECS system and as a mater of fact every monthly ECS bounced and bouncing charges were levied on complainant. by this time the agents and hired representatives of o.p. started disturbing and threatening complainant, his family and also sending messages on mobile phones of complainant all the time and complainant soon contacted o.p. and asked for the ‘no due certificate’ but o.p. did not lend their ears, thereafter complainant sent demand notice dt.7.1.11, but the same was not answered. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.p. did not contest the case by filing w/v and matter has been heard ex parte against the o.p.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular and we find that the o.ps. has not come forward to challenge the evidence of complainant and the same has remained unchallenged testimony and we have no reason to disbelieve the evidence adduced by complainant and we hold that the o.p. had sufficient deficiencies being service provider to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte against the o.p. with cost. O.p. is directed to issue ‘no due certificate’ in favaour of the complainant in connection with the loan account no.410322015 and refund Rs.1177/- (Rupees one thousand one hundred seventy seven) only deducted from the SB A/C of the complainant and is further directed to stop ECS from the SB A/C of the complainant and is further directed to pay compensation of Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only. O.p. is further directed to comply with the aforesaid order within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
