IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 20th day of March, 2020
Filed on 30.10.2019
Present
1. Sri.S.Santhosh Kumar.BSc. LLB(President)
2. Smt. Sholly.P.R ,LLB (Member)
3. Smt. C.K.Lekhamma.LLB(Member)
In
CC/No.281/2019
Between
Complainant:- Opposite parties:-
Sri.S.Radhakrishnan 1. The Manager
S/o Subramanyan Bajaj Finsery
Patteriparambu Bajaj Finance Ltd.
Thiruvambady.P.O Pulimoottil Trade Center
Alappuzha-688002 Mullackal.P.O
Alapppuzha-11
O R D E R
SMT. SHOLLY.P.R (MEMBER)
The un disputed facts of the complaint are as follows:-
Complainant has purchased a TV from Nandhilath G mart on 17/3/2019. One employee of the opposite party was present in the shop, who arranged a loan from the opposite party. In accordance with that he received Rs. 4800/-(Four thousand eight hundred only) from the complainant at the same day itself. The complainant was informed that the repayment is in 8 instalments, interest with insurance amount, of Rs 2437/-(Two thousand four hundred and thirty seven only) for each month. During this period the complainant promptly deposited the EMI amount for each month in his account maintained in Karnatak Bank Alappuzha branch. In the second day of every month the opposite party withdrew instalment amount from the bank. Unfortunately in the month of September 2019 the complainant could not deposit his instalment in the bank since the 1st day of September was a Sunday and was not working day. But he deposited Rs 2500/-( Two thousand Five hundred only) in the bank on very next day itself, that is on second day of September 2019. But the opposite party has not deducted monthly instalment from his account. On contra they deducted Rs. 590/- (Five hundred and ninety only) from his account on 4/9/2019. The complainant got telephonic messages about the withdrawal. Thereafter the employee of the Opposite party informed that his cheque was bounced due to lack of amount. The complainant informed about the deposit in the bank. Even though the complainant approached the opposite party directly to settle the disputes, the employer of the opposite party insulted him and collected Rs. 2188/-( Two thousand one hundred and eighty eight only) by cash from the complainant. Moreover it is alleged that opposite party had unauthorizedly withdrew Rs. 249/-( Two hundred and forty nine only) on 13/9/2019, Rs.590/-( Five hundred and ninety only) on 16/9/2019, Rs177/-( one hundred and seventy seven only) on 18/9/2019 and Rs. 452/- (Four hundred and fifty two only) on 24/09/2019 from the account of the complainant. Hence the complainant approached this Forum for following relief against the opposite party.
2. (1) To get an excess amount Rs.1809/-(Rupees One thousand eight hundred and nine only) levied by the opposite party from complainant, after deducting EMI.
(2) Compensation for mental agony.
3. Inspite of service of notice from this Forum opposite party did not appear hence set ex-parte. The complainant appeared in person and filed proof affidavit with one document which was marked as Ext.A1. Thereafter we have heard the complainant.
4. The points that arose for the consideration are:-
1.Whether any excess amount has been levied by the opposite party from the
complainant?
2. Whether the compensation and costs is payable in the facts and circumstances
of the case?
5. Points No.1 and 2
The contention of the Complainant is that he availed a loan from the opposite party on 17/3/2019. As per the loan agreements the repayment is in 8 instalment of Rs.2437/- (Two thousand four hundred and thirty seven only)for each month. Ext.A1 is the copy of pass book which would show that complainant has his deposit Rs. 2500/- (Two thousand five hundred only) on 2/09/2019. But the complainant alleged that even though he had sufficient deposit on his SB account the opposite party has not withdrew instalment amount. Instead of that on 13/9/2019 debited Rs.590/-( Five hundred and ninety only) from his account. On perusal of Ext. A1 it goes to show that the same month itself opposite party made two withdrawals of Rs.590/-(five hundred and ninety only) on 4.09.2019 and 16/9/2019, Rs.177/-( One hundred and seventy seven only) on 18/9/2019 and Rs. 452/-( Four hundred and fifty two only) on 24/09/2019. According to the complainant the said debits are unauthorized withdrawal. However he alleged that on 7/9/2019 opposite party received Rs. 2188/-( Two thousand one hundred and eighty eight only) by cash from the complainant. There is no evidence contrary to establish the averments of the complainant. This acts of opposite party amounts deficiency in service. Evidently the complainant caused financial loss. Therefore the complainant is entitled to get refund of Rs. 1809/- (One thousand eight hundred and nine only) from the opposite party. Due to the deficiency in service committed from the opposite party the complainant is entitled to get compensation.
5. To conclude we allow the complaint and direct as follows:-
1. Opposite party shall refund Rs. 1809/-(one thousand eight hundred and nine only) to the complainant, being the amount collected in excess.
2. The opposite party shall pay Rs. 2000/- (Two thousand only) as compensation to the complainant caused by deficiency in service on the part of the opposite party.
The said amount shall carry interest at the rate of 6 % from the date of order til realization. The order shall be complied within one month from the date of receipt of the copy of this order.
Dictated to the Confidential Assistant, transcribed by him corrected by me and pronounced in open Forum on this the 20 th day of March, 2020.
Sd/-Smt.P.R Sholy (Member)
Sd/-Sri. S.Santhosh Kumar (President)
Sd/-Smt. C.K. Lekhamma (Member)
Appendix:-Evidence of the complainant:-
Ext.A1 - Copy of Pass book
Evidence of the opposite parties:-Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Br/-
Compared by:-
