BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complaint  Case No  : 545 of 2009

Date of Institution :  21.04.2009

Date of  Decision   :  23.04.2010

Manmohan Negi S/o Sh. Bhag Ram, resident of H.No. T-82-A, Railway Colony, Chandigarh.

 ……Complainant

V E R S U S

1]   M/s V.Net Computers, SCO No. 48-49, 1^st, Sector 9-D, Chandigarh, through its Branch Manager.

2]   M/s Bajaj Auto Finance Ltd., SCO No. 56, 2^nd Floor, Sector 26-D, Madhya Marg, Chandigarh, through its Branch Manager.

.…..Opposite Parties

CORAM:     SH.LAKSHMAN SHARMA              PRESIDENT

          MRS.MADHU MUTNEJA             MEMBER

PRESENT: Sh.Rajinder Singh, Adv for the Complainant.

         Sh.J.D.S. Sarin, Adv for OP No.1.

           Sh.Balwinder Singh, Adv for OP No.2.

PER MRS. MADHU MUTNEJA, MEMBER

        The instant complaint has been filed by Sh. Manmohan Negi u/s 12 of the Consumer Protection Act, 1986 praying that the OPs be directed to pay as under:-

1.  Rs.800/- cost of pen drive not given to Complainant by the OP No.1.

2.  Rs.4,000/- outstanding amount of Rs.15,000/- illegally withdrawn from the Bank of the Complainant by the OP No.1.

3.  Rs.5,000/- as cost of travelling, stationery and cost of visits charged by the OP.

4.  Rs.50,000/- as mental and physical harassment.

5.    Rs.7500/- as litigation expenses.

6.  Direct the OP No. 1 to pay the penal interest charged by OP No. 2 due to the fault of the OP No. 1.

7.  Any other relief which this Hon’ble Forum deems fit and proper in view of the circumstances of the case.

2]      The case made out by the Complainant is as under.

        The Complainant bought a Computer, along with all accessories vide bill dated 23.04.2005 for a sum of Rs.28,000/-. The Complainant immediately paid Rs.15,000/- to OP No.1 by Cheque. The remaining amount of Rs.13,000/- was financed by OP No.2 on 23.04.2007. This was to be paid in 10 installments of Rs.1300/- each. The Complainant made full payment of Rs.13,000/- to OP No. 2 as per installment fixed. He has alleged that the OP No.2 is now sending him legal notices to claim the balance amount.

        Also he has alleged against OP No.1 that a Pen Drive worth Rs.800/- was not given to him at the time of purchase of Computer. They had promised to give it at a later date, but never did so.

3]      OP No.1 in their reply have stated that they sold a Computer to the Complainant for Rs.28,000/-. Rs.15,000/- was paid immediately by Cheque and Rs.13,000/- was financed from OP No.2. An amount of Rs.23,125/- was paid into their account by OP No.2 instead of Rs.13,000/- as required. As soon as they realized this mistake, they refunded Rs.11,000/- to OP No.2 on 27.6.2008. After making this payment, they are now in deficit of Rs.875/-. So no amount is due from them.  Further, at the time of purchase, all items, as per bill, including Pen Drive, were handed over to the Complainant.

4]      OP No. 2 in their reply have stated that OP NO.1 had sold a Computer to the Complainant for Rs.28,000/-. The Complainant had applied for a loan for this amount from OP No.2. After completing all formalities, Rs.28,000/- was financed by OP No.2 and a Cheque of the amount financed was forwarded to OP No.1. This loan was to be paid by the Complainant in 24 equal installments of Rs.1371/- per month each. They came to know that Rs.15,000/- had already been paid by the Complainant to OP No.1 only when the Complainant informed them about it at the time of dispute regarding payment. It is only later that OP No.1 agreed to pay Rs.15,000/- to them. Actually, OP No.1 deposited only Rs.11,000/- with them on 27.6.2008. They admit that they have served legal notices upon the Complainant for balance amount of outstanding loan.

5]      We have scrutinized the complaint, affidavit, reply and all evidence placed by all Parties on record.

6]      The Complainant purchased a Computer from OP No.1 on 23.04.2005. This purchase was according to a Scheme wherein certain gifts were offered to the Complainant, along with the Computer and LCD at the time of purchase. OP No.1 supplied all items against the bill to the Complainant as per Annexure C-2 & C-3 respectively. The Complainant alleges that OP No.1 never gave him the Pen Drive worth Rs.800/-. However, this fact has not been admitted by the OP in any document. Since there is no proof of non- delivery, this claim cannot be maintained.

7]      Further, the amount of consideration of Rs.28,000/- was met as under:-

(i) Rs.15,000/- paid by Complainant to OP No.1 by Cheque No. 995143 of SBI.

(ii)     Rs.13,000/- financed by OP No. 2 to be paid in 10 equal installments of Rs.1300/- per month each.

8]      This fact has been admitted by both the Complainant and OP No. 1. The Complainant made regular payments of loan EMI to OP No.2 monthly. The legal notice from OP No. 2 in June, 2008, came as a surprise since according to Complainant the loan amount had been fully paid. OP No. 2 alleged that the total loan amount was Rs.28,000/- and thus, made out 24 installments of Rs.1371/- per month as EMI. When the Complainant approached OP No. 1 to verify the cause of this claim of OP No. 2, OP No.1 returned Rs.11,000/- to OP No.2.

9]      To add fuel to the fire, when the Complainant approached OP No.1 for repairs of the Computer, which was now giving trouble, he was surprised to hear that it would be only on payment. This was not as per warranty.

10]     After hearing all three parties and scrutinizing all documents presented, we conclude as under:-

(i) The claim of OP No.2 against the Complainant for further payment of loan amount is non- maintainable, as they have not been able to produce the loan agreement to show that the loan amount was in excess of Rs.13,000/-.

(ii) The claim of the Complainant with regard to non-delivery of Pen Drive is not maintainable, as the fact cannot be proved.

11]     This complaint is hereby allowed. The parties are, therefore, directed as under:-

(i) OP No.2 will not press any claim against the Complainant with regard to non-payment of loan amount, any further.

(ii) OP No. 1 is directed to provide adequate and satisfactory service for the Computer, as per warranty to the Complainant, whenever required.

(iii) OP No.2 will pay Rs.5,000/- to the Complainant as compensation for mental tension and deficiency in service.

12]     The aforesaid order be complied with by the OPs, within a period of 06 weeks from the receipt of its certified copy, failing which they will pay the amount @18% p.a. from the date of filing this complaint till the date of payment. In addition to this, OP No. 2 will also pay Rs.5,000/- as litigation expenses to the Complainant.

13]     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

23.04.2010                                       Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                            Sd/-  

(MADHU MUTNEJA)

MEMBER