-::BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AT BIDAR::
C.C. No.80/2018..
Date of filing: 02.11.2018.
Date of disposal: 23.01.2019.
P R E S E N T:-
(1) Shri. Jagannath Prasad Udgata, B.A., LL.B.,
President
(2) Shri. Shankrappa (Halipurgi),
B.A.LL.B.,
Member.
COMPLAINANT/S: 1. Nagappa S/o Erappa Made,
Age:33 years, Occ: Private work,
R/o H.No.17-5-562 Mailoor road
plot No.877 CMC Colony Bidar 585403.
( By Sri.P.M.Deshpande.,Adv.)
VERSUS
OPPONENT/S: 1) The Manager, Bajaj Finance Ltd.
1st floor of Bata Show Room Building
Udgir Road, Bidar.
( Exparte.)
:: J UD G M E N T ::
By Shri. Jagannath Prasad Udgata, President.
The present complaint is alleging unfair trade practice in the part of the solo O.P. u/s 12 of the Consumer Protection Act, 1986. The averments of the complaint are as follows:-
2. That, the complainant had purchased a L.E.D. T.V. costing Rs.27,400/- from the dealer M/s Vijaya Electronics, Dara complex, Station Road, Bidar on 29.10.2015 and paid an initial installment of Rs.3,690/-. (Annexure-A). As per the statement of account filed as Annexure-S, the first E.M.I. payment was to be commenced on 02.12.2015 and the last E.M.I. payment date was stipulated on 05.09.2016. In other orders words 10(ten) E.M.I.s were stipulated by the present opponentswho was the financier for purchase of the T.V. set. It is the allegation of the complainant that, the O.P. finance Company had collected more Rs.4,000/- and odd extra and also is demanding additional payment of Rs.11,000/- and refusing to issue N.O.C. for which the present complaint seeking refund of
Rs.4,000/-+odd amount and compensation of Rs.15,000/-.
3. Inspite of receipt of notice, the O.P. never bothered to participate in the proceedings and placed exparte on 03.12.2018. In the absence of any defense, basing on the documents submitted by the complainant, his evidence affidavit, even though no argument was addressed, we proceed to analyse the case in the right perspective.
4. We observe that, after an initial payment of Rs.3,690/- to M/s Vijaya Electronics, the complainant had started paying E.M.I.s with effect from 30.11.2015 (Annexures B&C) and towards single E.M.I. was paying total amount of (Rs.2740+ Rs.102/-)=Rs.2,842/- (Annexures B+C) and in the process vide Annexures B to R (I and O excluded) had paid a total amount of Rs.31,906/- in all. Per contra, in ten E.M.I.s he was required to pay Rs.28,420/- in ten installments. The inference therefore is, an amount of Rs.3,486/- has been collected extra by the opponent from the complainant.
5. We have no hesitation to hold that, the calculations of the complainant are misleading and without any basis, still the element of unfair trade practice is evident from the sequences, and we proceed to pass the following:-
ORDER.
- The complaint is allowed in part.
- The O.P. is directed to refund the extra amount collected from the complainant amounting to Rs.3,486/-;
- The O.P. is further directed to issue no due certificate to the complainant;
- An amount of Rs.1,000/- would be payable by the O.P. towards litigation expenses;
- Four week time granted to comply the order.
(Typed to our dictation then corrected, signed by us and then pronounced in the open Forum on this 23rd day of January 2019).
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
Documents produced by the complainant
- Annexure.A- Cash receipt NO.18990 date.29.10.2015 (Original) of M/s
Vijaya Electronics. - Annexure.B to R(I&O omitted)– Cash receipts of opponent.
- Annexure.S- Statement of Accounts.
Document produced by the Opponents.
-Nil-
Witness examined.
Complainant.
- P.W.1- Sri Nagappa S/o Erappa (complainant).
Opponent.
-Nil_
Sri. Shankrappa H. Sri. Jagannath Prasad
Member. President.
