Chandigarh

StateCommission

A/174/2019

Bajaj Finserv - Complainant(s)

Versus

Hardevinderdeep Kaur - Opp.Party(s)

Gaurav Bhardwaj Adv.

05 Nov 2019

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

UNION TERRITORY, CHANDIGARH

 

Appeal No.	174 of 2019
Date of Institution	06.08.2019
Date of Decision	05.11.2019

1. Bajaj Finserv, is the brand name of Bajaj Finance Ltd., having Corporate Office at Bajaj Finserv 4^th Floor, Off Pune Ahmednagar, Viman Nagar, Pune, Maharashtra 411014 (INDIA) through it’s Authorised Signatory.
2. Bajaj Finserv, is the brand name of Bajaj Finance Ltd., SCO No.26, 1^st and 2^nd Floor, Sector 26, Madhya Marg, Chandigarh 160026 through its Authorised Signatory.

                        …..Appellant/Opposite Parties No.1 & 2.

                                Versus

Hardevinderdeep Kaur W/o Kulwinder Singh, resident of House No.3151/2, Sector 44-D, Chandigarh.

                                ....Respondent/Complainant.

 

BEFORE:             JUSTICE RAJ SHEKHAR ATTRI, PRESIDENT

                             MRS. PADMA PANDEY, MEMBER

                            

Argued by:

 

Sh. Gaurav Bhardwaj, Advocate for the appellants.

Sh. Brijindra Singh Bajwa, Advocate for the respondent.

 

PER PADMA PANDEY, MEMBER

            This appeal is directed against the order dated 07.06.2019, rendered by District Consumer Disputes Redressal Forum-II, UT, Chandigarh (in short ‘the Forum’ only), vide which, it allowed Consumer Complaint bearing No.367 of 2018 qua Opposite Parties No.1 & 2, which reads thus :-

“14]      Taking into consideration the unlawful activities as well as unfair trade practice adopted by the OPs No.1 & 2, the complaint deserves to be allowed with exemplary cost.  Accordingly, the complaint is allowed with directions to the Opposite Parties No.1 & 2/Bajaj Finserve to pay an amount of Rs.50,000/- to the complainant on account of mental agony & harassment suffered by her, which includes litigation expenses. 

         The Opposite Parties  No.1 & 2/Bajaj Finserve is also imposed with compensatory cost of Rs.5 lacs on account of their misdemeanor, which shall be deposited with Department of Cardiology, Advanced Cardiac Centre, PGIMER (Post Graduate Institute of Medical Education & Research), Chandigarh, Through its Head of Department.

15]      This order shall be complied with by the Opposite Party No.1 & 2 within 30 days, failing which it shall also be liable to pay additional compensatory cost of Rs.1,00,000/- to be deposited in the “Consumer Legal Aid Account” No.32892854721, maintained with the State Bank of India, Sector 7-C, Madhya Marg, Chandigarh in the name of Secretary, Hon’ble State Commission UT Chandigarh, apart from the above relief.

 16]      However, the complaint qua Opposite Party No.3/Bajaj Auto Finance Ltd., stands dismissed.”

 

2.             The Forum noted down the following facts narrated by the complainant :-

 “The case of the complainant is that she purchased Washing Machine in Sept., 2010 after getting it financed from Opposite Parties No.1 & 2 and made regular payment of settled installment of Rs.675/- through ECS for a tenure of 8 months (Ann.C-1). Thereafter, the complainant got financed another product – Inverter Battery, from OPs No.1 & 2 on 6.6.2011 and paid regular settled Installment of Rs.1200/- from June, 2011 till last EMI on 6.1.2012 (Ann.C-2).  It is submitted that on 5.4.2011 the full & final payment was made for fiancé of Washing Machine and on 6.1.2012 the full & final payment was made for finance of Inverter Battery to Opposite Parties NO.1 & 2.

         It is submitted that on 29.9.2016 and 28.8.2017, the OPs No.1 & 2, without any justification and notice, got deducted/transferred an amount of Rs.99/- and Rs.177/- from the account of complainant maintained with Oriental Bank of Commerce bearing NO.07442021000431 (Ann.C-3 &    C-4), which is illegal.  It is also submitted that when the complainant sent legal notice dated 31.5.2018, the OPs On 21.6.2018 refunded the amount of Rs.216/- in the account of the complainant through NEFT.  It is further submitted that by above act, it is clear that the Opposite Parties can, at any point of time, deduct any amount from the account of the complainant without any reason.  Alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice, hence this complaint has been filed for compensation of Rs.35000/- on account of mental harassment and agony with litigation cost of Rs.25,000/-.” 

 3.            The Forum noted down the following facts narrated by Opposite Parties No.1 & 2 to the complaint filed by the complainant :-

“2]       The Opposite Parties No.1 & 2 have filed reply and while admitting the factual matrix of the case, stated that the complainant has been a good client and closed both the loan accounts and accordingly no objection certificate was issued.  It is stated that an amount of rs.99/- and Rs.177/- was deducted from the account of complainant towards the EMI Card Renewal Fee of EMI Card, which has been provided to the customer on her demand.  Later on, when the complainant raised concerned, an amount of Rs.216/- has been refunded to her on 21.6.2018 through NEFT and her EMI Card was blocked.   It is submitted that the amount deducted towards the EMI Card renewal charges has already been refunded and she has been assured that there would not be any further deductions since her EMI Card has been blocked.  Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.”   

4.                Opposite Party No.3 did not turn up, despite service. Hence, it was proceeded against exparte vide order dated 11.09.2018.

5.             The complainant, filed replication to the written statement of Opposite Parties No.1 & 2, wherein he reiterated all the averments, contained in the complaint, and refuted those, contained in the written version of Opposite Parties No.1 & 2. 

6.             The parties led evidence, in support of their case.

7.             After hearing Counsel for the complainant and Counsel for Opposite Parties No.1 & 2 and, on going through the evidence, and record of the case, the Forum, allowed the complaint, as stated above.

8.             Feeling aggrieved, the instant appeal, has been filed by the appellants/Opposite Parties No.1 & 2.

9.             We have heard Counsel for the parties and have gone through the evidence and record of the case, carefully.

10.           Counsel for the appellants/Opposite Parties has submitted that the Forum has failed to appreciate the facts of the case, specifically that the alleged disputed amount so deducted towards renewal fee of the EMI card for two years was immediately refunded within 21 days from the date of receipt of the legal notice from the respondent/complainant and EMI card was also blocked prior to the filing of the present complaint. However, the Forum took it as an admission to guilty on the part of the appellants. He further submitted that Forum wrongly came to the conclusion that the amount of Rs.99/- and Rs.117/- has been deducted without any right or authority and ECS mandate of the complainant has been misused but the same was only a renewal fee (activation charges) of the EMI card and that too was waivable upon the usage of the card. He further submitted that it was an additional facility extended for the benefit of the customers. Activation/renewal charges were levied with a condition that the same was completely refundable upon usage of the EMI card. He further submitted that the complainant neither called the appellants nor sent any written communication or through email  or verbal, raising the issue of deduction of charges. He further submitted that the award granted by the Forum is too high, as regards to the claim of the complainant. He further submitted that the impugned order is not justified, reasonable in the eyes of law and prayed for allowing the appeal and setting aside the impugned order.  

11.           On the other hand, Counsel for the respondent/complainant submitted that the Forum has rightly passed the impugned order and prayed for dismissal of the appeal filed by Opposite Parties No.1 & 2.

12.           After going through the evidence and record of the case, we are of the considered opinion, that the appeal is liable to be modified, for the reasons to be recorded, hereinafter.

13.           The core question that falls for consideration before us is as to whether the Forum has rightly passed the impugned order. The answer, to this, question is in the negative.  It is the admitted fact that the complainant took loan for purchase of Washing Machine by paying EMI of Rs.675/- with effect from 5.9.2010 to 5.4.2011. It is also the admitted fact that the complainant took another loan for the purchase of Inverter Battery by paying EMI of Rs.1200/- with effect from 6.6.2011 to 6.1.2012. It is also not in dispute that the  complainant paid back both the loan amounts and nothing remains due against her. While passing the impugned order, the Forum alleged that Opposite Parties No.1 & 2 committed a grave error by transferring the amount of Rs.99/- on 29.09.2016 and Rs.177/- on 28.08.2017 from savings bank account of the complainant. Qua deduction of said charges, the appellants submitted that the deduction of the said amount was only a renewal fee (activation charges) of the EMI card and that too was waivable upon the usage of the card. The appellants further submitted that it was an additional facility extended for the benefit of the customers and activation/renewal charges were levied with a condition that the same was completely refundable upon usage of the EMI card. Not only this, the appellants/Opposite Parties No.1 & 2 reimbursed the amount of Rs.216/- to the complainant on 21.06.2018 through NEFT i.e. before the filing of the complaint in the Forum.  No doubt, the complainant was compelled to engage a lawyer to file the complaint before the Forum but after going through the record, we are of the view that the Forum while passing the impugned order granted relief on the very higher side i.e. compensation of Rs.50,000/- which included litigation expenses, Rs.5 lacs on account of their misdemeanor, which shall be deposited with Department of Cardiology, Advanced Cardiac Centre, PGIMER, Chandigarh. If the said order is not complied, the Forum further ordered that Rs.1 lakh be deposited in Consumer Legal Aid Account. So, we are of the view that the relief granted by the Forum is on the higher side and, as such, the impugned order is liable to be modified. 

14.           In view of above, the appeal filed by the Opposite Parts is partly allowed. The order of the Forum is modified, in the following manner:-

(i)             The appellants/Opposite Parties No.1 & 2 are directed to pay an amount of Rs.25,000/- instead of Rs.50,000/-  (awarded by the Forum), on account of mental agony, harassment suffered by the complainant, which includes litigation expenses.

(ii)            The other reliefs awarded by the Forum is set aside.

(iii)           If the order is not complied with, within the period of 30 days, from the date of receipt of certified copy of this order, the amount mentioned in Clause (i) above,  shall be payable by the appellants/Opposite Parties No.1 & 2 alongwith interest @9% per annum,  from the         date of filing the complaint, till actual payment.

15.           Certified Copies of this order be sent to the parties, free of charge.

16.           The file be consigned to Record Room, after completion.

Pronounced.

5^th November,  2019.

                                                   (RAJ SHEKHAR ATTRI)

        PRESIDENT

 

                                                        (PADMA PANDEY)

                                                                MEMBER

 

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