It is a case under section 12 of the Consumer Protection Act filed by the Complainant Smt. Chandrani Adhikari against the O.P, Managing Director, Bajaj Finserv Limited and others for loss suffered continuously due to illegal act of the opposite party in making delayed payment. Further she has claimed Rs.9 Lakhs towards mental torture and harassment. Also they have claimed litigation cost amounting to Rs.10,000/-. Further they have claimed an extra charge of Rs. 956 + Rs.20 + Rs.246/- illegally charged from the Complainant.
The case of the Complainant, in brief, inter alia, is that the Complainant is a consumer within the meaning of the Consumer Protection Act and the opposite parties are financial company providing “No Cost Every Month” in Equated Monthly Installment on consumer products. They are carrying on business of selling various electronics and consumer durable products. The Complainant could know from an advertisement published in Uttarbanga Sambad 04.11.2018 where t he opposite party Great Eastern Trading Company gave advertisement for their Diwali Bumper offer. The Complainant went to the showroom of the O.P No.3 on 6.11.2018. The O.P Great Eastern Trading Company persuaded the company that she can buy the electronic products like television, washing machine etc. on “No Cost EMI Scheme” of Bajaj Finance Limited(Bajaj Finserv) where payment for the product/goods for the consideration amount can be made in 9 equated monthly installments @0% interest. Besides that, she will get two years warranty on the goods purchased. Also being lured at the Diwali offer of the O.P Great Eastern Trading Company the Complainant had agreed to purchase one Television of Sony Brand and one Samsung Top Loading Washing Machine. The O.P Great Eastern Trading Company made the Complainant to sign on various papers/documents without allowing her or giving her opportunity to go through its contents. The Complainant was given Tax Invoice bill having Invoice No. W2924/1819/10006 in respect of Sony Led Television Set vide Model No. Sony 55X7500F LED set GT10120600021491 and serial no. s018100276a and also another Tax Invoice Bill in respect of Washing Machine having Invoice No.W2934/1819/10001 Samsung Top Loading Washing Machine Model No. Samsung WA65M4000HA 6.5 kg. TOP LOADING WM GT29522600004106 03VC5PBK700382. The Opposite PartyGreat Eastern Company told the company that the consideration amount of Sony T.V is at Rs.86990/- and the EMI of the same is at Rs.9666/- and an additional amount of Rs. 956/- will be charged only once for the warranty period. The O.P further told the Complainant that the consideration amount of Samsung Top Loading Washing Machine is at Rs.18,500/- and the said amount would be paid in cash of Rs.1850/- and an additional amount of Rs. 246/- will be charged only once for warranty period. Being induced by the said offer of No Cost EMI Scheme the Complainant purchased said T.V and Washing Machine from the O.P Great Eastern Company and the said goods were delivered in the house of the Complainant on the next date. The O.P Bajaj Finance Limited deducted E.M.I from the Savings Bank Account of the Company bearing S.B. Account No.1060010192479, UBI,Pradhannagar Branch, Code No. 1060.
The Opposite Parties have drawn excess amount than EMI as agreed by the parties. The original EMI for T.V was at Rs. 9,666/-. The opposite parties deducted E.M.I @ Rs.10,642/- from January, 2019 to June, 2019 and hence deducted excess amount of Rs.956/- plus Rs. 20/-(extra) per monthfor television set. Similarly the original E.M.I for Samsung Washing Machine was at Rs.1,850/-, but they have deducted E.M.I to the tune of Rs. 2,096/- from January, 2019 to June, 2019 and as such excess amount of Rs.246/- was deducted per month from the S.B. Account of the complainant. In December, 2018 an additional amount of Rs.50/- was deducted without any reason. The complainant approached the O.P Great Eastern Trading Company in March, 2019 to assign the reason for extra deduction of EMI amounting to Rs, 956 + Rs.20 for T.V set and Rs. 246/- for washing machine. Significantly, the opposite parties then disclosed that they are charging the same for extra three years extended warranty/insurance of the said two items. But the complainant never asked so for such extended period from the company. Even no document in this connection has been furnished to the complainant. The O.P Great Eastern Trading Company did not hand over document of extended warranty period to the complainant. From the terms and conditions it appears that that the Samsung Company cannot charge for standard warranty period, as enshrined in the Smart warranty pack. Instead a customer may purchase the same before expiry of warranty period. The complainant was not given Smart Warranty pack with the purchase receipt. The complainant found from the internet that similar extended warranty period of Sony Television was not given by the O.P Great Eastern Trading Company. Consequently the complainant sent a Notice to the opposite party on 2.4.2019 with a copy to Reserve Bank of India and Commissioner of Police. The opposite party did not respond to the Notice dated 2.4.2019 sent by the complainant. Therefore, the complainant being compelled by the circumstances declined to make excess payment than usual EMI amount. Rather, the complainant has agreed to make one time payment to the O.P. The complainant directed her bank United Bank of India not to make E.M.I deduction from her Savings Bank Account. The O.P nos.1 and 2 despite being informed are not interested to take one time payment of the entire balance amount. Thereby they have charged a sum of Rs.210/- for each default made purposely on 20.4.2019, 29.4.2019, 30.4.2019, 8.5.2019, 9.5.2019 and 10.5.2019. The O.P caused disturbance to the complainant. The complainant again started payment of E.M.I and lodged complaint before the Assistant Director, Consumer Affairs & Fair Business Practice, Siliguri on26.4.2019. The Assistant Director, Consumer Affairs & Fair Business Practice, Siliguri, has issued Notice for meeting on 20.5.2019, but they did not appear and as such the conciliation failed. Therefore, the complainant suffered loss of Rs. 13,792/- with interest thereon. She has suffered mental pain, agony and harassment for which she has prayed for compensation amounting to Rs.9 lac. Furthermore she has claimed litigation cost of Rs.10,000/-.
As per terms and conditions the complainant is given every opportunity to cancel membership at any time from the period of agreement. Then membership will be cancelled and the payment made by the complainant will be refunded. By entering into agreement he has expressly accorded the consent and authorized the O.P to collect all requirement data and information including any sensitive personal data or information from the complainant under agreement in respect of SONY T.V. There was two years membership starting from 14th December, 2018 to 13th December, 2020. The complainant did not express their desire to get extended period of warranty. But the O.Ps have voluntarily extended the warranty period having no cogent reason because of the fact that warranty period has not yet expired. Thus, question of extension of voluntary period does not arise at all.
Denying the material allegations made in the complaint the O.P has filed Written Version stating, inter alia, that the complainant has availed a loan of Rs.86,919/- towards Sony T.V and a loan of Rs.18,500/- towards loan of Samsung Washing Machine. The complainant has paid an amount of Rs.86990/- towards Sony LED and EMI of the same was at Rs.9,666/-. But the O.P has deducted EMI to the tune of Rs.10,642/- from January, 2019 to June 2019 and thereby deducted excess amount of Rs.956 + Rs.20/- for television set.
The original EMI for Samsung Washing Machine was at Rs.1,850/-. However, the O.P Bajaj Finserv Limited has deducted E.M.I to the tune of Rs. 10,642/- from January, 2019 to June, 2019 and as such excess EMI of Rs.246/- was deducted per month from the S.B. A/c of the complainant. In December, 2018 an additional amount of Rs. 46/- was deducted without any reason. The complainant approached the O.P Great Eastern Trading Company in March, 2019 to assign the reason for excess amount of Rs.956 + Rs.20 for T.V set and Rs.246/- for the Washing Machine to which the O.P replied that they are charging the same for extra three years extended warranty/insurance of the said two items. The complainant replied that she had never asked for any extended warranty. The O.P Great Eastern Trading Company replied that the same was given to her, but reason for extending the warranty period is absolutely not necessary, as contended by the complainant. The complainant was aggrieved by detecting the said excess amount already paid.
The O.P did not receive any Notice from the Consumer Affairs Department. Therefore reply of the same has been dispatched. The O.P has further expressed their doubt over calculation of the excess amount paid . The O.P has also availed of loan of Rs. 86,990/- towards Sony LED, Rs.8,781/- towards extended warranty period and 18,500/- towards Washing Machine . The complainant has paid Rs.86,699/-towards LED loan, Rs. 8784/- towards EWC loan and Rs.16,650/- towards washing machine, totallingRs.1,12,428/-. The O.P has disbursed the amount at the request of the complainant. The complainant has no cause of action to file the instant complaint against the O.P. Therefore, the case may be dismissed.
Both the complainant and the O.P nos. 1 and 2, except the O.P no. 3 have contested the case and filed evidence in support of their contention. It is admitted fact that the O.P was mislead by the O.P no.3 Great Eastern Trading Company. The complainant has informed the O.P to take extended warranty period for three years in respect of product purchased from the O.P no.3. In fact the complainant was misled by the advertisement made in the newspaper. The complainant was under impression that they will not charge any extra amount beyond his knowledge. Fact remains that the complainant had no intention to take extended warranty period , but the complainant as per agreed terms and conditions has paid the equated monthly installments for Sony T.V and Samsung Washing Machine. Due to unfair trade practice of the O.P Great Eastern Trading Company she was given extended three years warranty period in addition to the warranty period already provided to the complainant. The complainant has been forced to pay Rs. 13,792/- for the extended warranty period to which she has not at all agreed. It is fact that no prudent lady will take extended warranty period for three years and to pay extra charges when those products have been given warranty period at the time of purchase. It is fact that as and when these type of products are purchased the company usually provides time for certain period. Facts and circumstances justifies that Bajaj Finance Limited is under obligation to refund a sum of Rs.13,792/- already realized in excess of the amount towards cost of Sony T.V and Washing Machine. By legal Notice from the end of the complainant, extra extended period for three years given suo motu is deemed to have been waived. The O.P Great Eastern Trading Company though not appearing, is liable to compensate the complainant for giving such misleading advertisement and as such the O.P. no.3 shall pay cost towards mental pain and agony. Further, the O.P no.3 shall pay punitive damages, as the O.P has practiced fraud by giving extended warranty period though warranty period is there.
In the result, the case succeeds. Accordingly, it is
O R D E R E D :-
That the complaint case be and the same is allowed on contest against O.P nos. 1 and 2 and ex parte against O.P Great Eastern Trading Company. Therefore, the O.P Bajaj Finance Limited and its Managing Director are hereby directed to refund a sum of Rs. 13,792/- within January, 2020, failing which they shall pay interest @ 9% per annum and punitive damages to the tune of Rs. 100/- per day till realization of the said amount/
The O.P. Great Eastern Trading Company shall pay a sum of Rs. 10,000/- for mental pain, agony and mental depression for misleading advertisement published in daily newspaper “Uttar Banga Sangbad” dated 4.11.2018. Further the O.P Great Eastern Trading Company shall pay a sum of Rs.10,000/- towards litigation cost to t he complainant. The complainant is at liberty to realize the amount in accordance with the provision of the Consumer Protection Act if they fail to make payment, as directed.
