Karnataka

Chitradurga

CC/80/2019

Sri.Janardhana.B.H S/o A.K.Hanumaiah - Complainant(s)

Versus

The Manager Pai International Electronics Ltd., - Opp.Party(s)

Smt Jyothi B

17 Sep 2019

ORDER

COMPLAINT FILED ON:28/01/2019

DISPOSED      ON:17/09/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:80/2019

DATED: 17^th  September 2019

PRESENT :-     Smt. C.M.Chanchala.              …. President

                           B.A.L.,,LL.B.,                 

                            

                        SRI. SHIVAKUMAR.K.N    :     ....     MEMBER

                     M.Com., LL.B.,

 

……COMPLAINANT/S	(Rep., by Smt. Jyothi B., Advocate)
V/S
…..OPPOSITE PARTY	1. The Manager, Pai International Electronics Limited, # 28/1A, 100 Feet road, Indira Nagara, Bangalore-560038. 2. The Manager Pai International Electronics Limited, R.K.R Plaza, Near Shankar Talkies, P.B. Road, Chitradurga. (As per Order dated 14/03/2019 Op.1 and 2 dismissed) 3. The Branch Manager, Bajaj Pinserv, Bajaj Finance Limited, 1st Floor, Maruthi Complex, B.D. road, Chitradurga. (OP.3  Ex-Parte)

Pronounced on 17^th of September  2019  .

Written by C.M.Chanchala, President.

ORDERS

1.    This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act,1986 by Sri.Janardhana B.H the Complainant against the Opposite parties (for short ‘OP’ ) prayed refund of the payment made by him and compensation towards  losses totally for Rs.77,000/-  etc.

The Complaint:

2.   The case of the complainant is that he has purchased a Refrigerator from 2^nd OP on 15-03-2018 for sum of Rs. 15,800/- with financial assistance of 3^rd OP for Rs.10,800/- and on the same day he has paid Rs. 5000/- through credit card and paid Rs. 10,800/- by availing loan from OP No.3 without any interest thereon( 0 interest) . But the 3^rd OP instead of make payment of Rs. 10,800/- to the 1^st OP, without the knowledge of complainant, he had made entire sale consideration of Rs. 15,800/- to the 1^st OP with intention to have wrongful gain and 1^st OP also with malafied intention to have wrongful gain  had received entire amount of Rs, 15,800/- though he had already received Rs. 5000/- from the complainant. A the time of depositing the EMI amount the above said facts came to the notice of the complainant, when he enquired with the 3^rd OP about the said transaction, the OP No.3 refused to refund of Rs.5000/- and threatened the complainant by telling that he will take action against him. 

3.   Further case of the complainant is that the above said loan was granted by OP No.3 with the condition to repay the loan amount of Rs. 10,800/- in 15 equal installment i.e., Rs. 1054/- in each installments. But the 3^rd OP instead of deduct Rs. 1054/- he has deducted Rs. 1102/- in every installments, thereby he illegally deducted extra amount  from the account of the complainant. The complainant contended that the above said amount is required him for his treatment as he is a cancer patient, he demanded the 1^st OP for return the said amount, but inspite of lapse of 2 months also he did not returned. Hence the complainant has brought the present complaint against the  OPs by alleging deficiency of service.

4.      After hearing on admission the complaint was admitted and  notice were ordered to be issued to the OPs  to file their written versions under section 13(2) of the Consumer Protection Act,1986 (  in short “the Act) . The OP 1 and 2 after receiving the notice issued by this Hon’ble Forum appeared before the Forum and paid Rs. 5000/- to the complainant and hence complaint was dismissed against them in view of the submission of the complainant. Inspite of receiving the notice of this Hon’ble Forum, 3^rd OP failed to appear, hence he placed ex-parte.

 Evidence :

5.      The complainant got himself examined as PW-1 by filing his affidavit as a part of examination in chief and also got Ex.A-1 to A-….marked and closed the evidence.

Arguments:

6.      We have heard the complainant.

7.      The points that arise for our determination are;

1. Whether the complainant proves that deficiency of service on the part of opponents?

2. Whether the complainant proves that he is entitled for the relief sought?

3. What order?

8.      Our finding on the above points are as under;

          Point No.1: In the Affirmative.

          Point No2: In the Affirmative.

          Point No3: As per final order,

For the following;

Discussion and Reasoning:

Point No.1:

9.    The complainant alleged that he has purchased a Refrigerator from 2^nd OP on 15-03-2018 for sum of Rs. 15,800/- with financial assistance of 3^rd OP for Rs.10,800/- and on the same day he has paid Rs. 5000/- through credit card and paid Rs. 10,800/- by availing loan from OP No.3 without any interest thereon( 0 interest), but the 3^rd OP instead of make payment of Rs. 10,800/- to the 1^st OP, without the knowledge of complainant, he had made entire sale consideration of Rs. 15,800/- to the 1^st OP and 1^st OP also had received entire amount of Rs, 15,800/- though he had already received Rs. 5,000/- from the complainant and at the time of depositing the EMI amount the above said facts came into his notice, when he enquired with the 3^rd OP about the said transaction, the OP No.3 refused to refund of Rs.5000/- and threatened the complainant by telling that he will take action against him, further the above said loan was granted by OP No.3 with the condition to repay the loan amount of Rs. 10,800/- in 15 equal installment i.e., Rs. 1,054/- in each installments, but the 3^rd OP instead of deduct Rs. 1,054/- he has deducted Rs. 1,102/- in every installments, thereby he  illegally deducted extra amount  from the account of the complainant.

10.    EX-A1 invoice produced by the complainant which reflected that an amount of Rs. 15,800/- was paid on 15-03-2018 for purchase of refrigerator. Further in the said document, it is reflected that Rs. 5000/- has paid through credit card and Rs. 10169/- was paid through cheque by hypothecating the refrigerator.

11.     EX- A 3 to 5 statement of loan account and payment schedule shows that the EMI of Rs. 1054/- to be paid in 15 equal installments without any interest (0 interest). Entries made in EX- A 9 reflected that deduction of Rs. 1102/- in each month from 2^nd June 2018.

12.   Admittedly, as per EX-A 5 the OP.3 is liable to deduct Rs. 1054/- for 15 months without charging any interest. But as per EX- A 9 without any explanation he illegally deducted Rs. 1102/- from the account of complainant which is not only deficiency of service but also unfair trade practice in their business. Hence he is entitled for the compensation as per the final order. Accordingly, we answered these point in the Affirmative. 

                                      : ORDER:

The complaint is partly allowed.

The OP No.3 is directed to refund of Rs.840/- along with interest @ 10 % per annum from June 2018 to till date of realization; within six weeks from the receipt of the copy of this order. OP is also shall pay Rs.20,000/- to the complainant as compensation for deficiency of service, mental agony and also cost of the proceeding within six weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

The OP No.3 is further directed to deposit Rs. 25,000/- to the account of consumer welfare fund as a fine for adopting unfair trade practice in their business, within 6 weeks from the date of this order for adopting unfair trade practice in their business. 

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this  17th day of September 2019)

MEMBER                                                                     PRESIDENT

ANNEXURE

Witness examined for the complainant side:

Complainant- B.H. Janardhana has examined-in-chief by filing affidavit as PW1.

Documents marked for the complainant side:

01	Ex-A-1:-	Tax Invoice dated 15/03/2018.
02	Ex-A-2:-	Legal Notice dated 17/10/2018.
03	Ex-A-3:-	Loan account statement.
04	Ex.A-4	Statement of account.
05	Ex.A-5:-	Payment Schedule.
06	Ex.A-6:-	ICICI Bank Limited letter.
07	Ex.A-7:-	Statement of account.
08	EX-A-8:-	Statement of account.
09	EX-A-9:-	Bank of India report Generation dated 16/12/2018

Witness examined for the opponents 1 and 2 side:

-nil-

Documents marked for the opponents 3  side:

-nil-

 

        (C.M.Chanchala  )

                       President.

                                                                                     

 

 

       (Shivakumar K.N)

                                                                                 Member.