DIST. CONSUMER DISPUTES REDRESAL COMMISSION
NORTH 24 Pgs., BARASAT.
C.C. No. 338/2019
Date of Filing: Date of Admission: Date of Disposal:
29.11.2019 05.12.2019 15.06.2022
Complainant/s:- | Sri Sourav Maitra, S/o Sri Somendra Mohan Maitra, residing at 30, Anil Rudra Sarani, P.O. Kanchrapara, P.S. Bizpur,, Dist:- North 24 Parganas, 743145. = Vs = |
Opposite Party/s:- | - Bajaj Finance Ltd., Represented by its Manager, 1201, 12th Floor, Infinity Banchmark Plot G-I & EP & GP, Sector – V, Bidhannagar, Kolkata – 91.
- The Manager, United Bank of India, Kanchrapara Branch, P.O. Kanchrapara, North 24 Parganas, P.S. Bizpur, pin 743145.
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P R E S E N T :- Shri Debasis Mukhopadhyay…………President.
:- Smt. Monisha Shaw …………………. Member.
JUDGMENT/FINAL ORDER
This is a complaint U/s 12 of the Consumer Protection Act, 1986.
The Complainant stated that he purchased a SONY television from Khosla Electronics on 12/10/2017 availing credit facility from O.P. No. 1 Bajaj Finance. The price of the television was Rs. 44,300/- and the Complainant initially paid Rs. 10,245/- by cash. The terms of credit facility from O.P. No. 1 was that the Complainant has to pay 14 equal installments of Rs. 2,462/- totaling Rs. 34,468/- and Complainant has provided instructions to the O.P. No. 2 / UBI to withdraw the said amount from his bank account. On perusal of the bank statement the Complainant discovered that the O.P. No. 1 in collusion with O.P. No. 2 has withdrawn Rs. 44,068/- from the Complainant’s bank account instead of Rs. 34,468/-. On enquiry, the O.P. No. 1 informed the Complainant that the O.P. No. 1 has deducted the excess amount of Rs. 9,600/- to open a new life insurance scheme in the name of the Complainant though the Complainant has no consent to that effect.
The O.P. No. 1 in collusion with O.P. No. 2 illegally withdrawn Rs. 44,068/- instead of Rs. 34,468/- without obtaining any consent of the Complainant for any new life insurance policy. The Complainant also demanded the policy bond, certificate but the O.P. failed to produce any such policy document. Thereafter, the Complainant enquired about the matter and from the bank authorities came to know that the amount of Rs. 9,600/- which was deducted by the O.Ps from the bank account of Complainant was invested in a new loan agreement and life insurance scheme for one Mr. Riyaza and therefore the Complainant is entitled to get excess amount deducted illegally from the Complainant’s bank account. Hence, the Complainant filed this case praying for a direction to the O.Ps to refund the excess amount of Rs. 9,600/- deducted from the Complainant’s account along with interest and also compensation and cost.
Contd. To Page No. 2 . . . .
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C.C. No. 338/2019
The Ld. Advocate for the Complainant submitted that the Complainant by filing Brief Notes of Argument (BNA) submitted that the O.P. No. 2 Bajaj Finance illegally had taken away Rs. 9,600/- from the Complainant’s bank account in collusion with O.P. No. 1 to open a new life insurance scheme for one Mr. Riyaza and therefore the Opposite Parties must refund the amount that was illegally withdrawn from the Complainant’s bank account along with interest, cost and compensation. He submitted that as the Opposite Parties did not contest the case therefore the allegations of the Complainant are proved beyond reasonable doubt and the Complainant is entitled to get the decree as prayed for.
Considering the facts and circumstances of the case and the evidence adduced by the Complainant it is found that the Complainant has proved his case ex-parte that the amount of Rs. 9,600/- was illegally deducted from the Complainant’s bank account without his consent and that the life insurance scheme was initiated in the name of a third person Mr. Riyaza without getting any consent from the Complainant. Therefore the Complainant’s case is found to be proved since there is no evidence to the contrary contradicting the evidence of the Complainant.
Accordingly, the Complainant is entitled to get the decree ex-parte.
Hence,
It is Ordered,
That the case C.C./338/2019 be and the same is allowed ex-parte against the Opposite Parties.
The Opposite Parties are to refund the amount of Rs. 9,600/- to the Complainant along with interest @ 6% p.a. from 13/10/2017 till payment of the same within 02 months from this date failing which the Complainant may take steps according to law.
Let plain copy of this order be given to the parties free of cost.
Dictated & Corrected by me
President
President
Member
