BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

Complaint No.70 of 2021

Date of Instt. 11.02.2021

Date of Decision:03.12.2024

Paras Chadha Son of Sh. Rakesh Chadha resident of House No.NH-272, Partap Nagar, Jalandhar, Punjab.

..........Complainant

Versus

Lovely Autos, Dr. Ambedkar Chowk, Jalandhar, Punjab, through its Managing Director.

….….. Opposite Party

          Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Smt. Jyotsna                                      (Member)

                   Sh. Jaswant Singh Dhillon       (Member)             

Present:       Complainant in Person.

                   Sh. Arun Gupta, Adv. Counsel for OP.

Order

          Dr. HarveenBhardwaj (President)

1.                The instant complaint has been filed by the complainant, wherein it is alleged that the complainant visited the showroom of OP on 28.12.2020 for purchasing insurance policy for his car bearing No.PB08-DN-6486 which is on the name of the father of the complainant. The insurance policy was worth Rs.8122/-. The complainant gave his Indusind credit card for payment of the same. The OP had charged 1% extra other than the tax invoice amount, which is illegal and they cannot charge from complainant. This is unfair trade practice and malafide practice on the part of the Op. The complainant also served the OP a legal notice dated 06.01.2021, but all in vain and as such, as such, necessity arose to file the present complaint with the prayer that the complaint of the complainant may be accepted and OP be directed to refund the amount illegally charged from the complainant i.e. Rs.81/- alongwith interest @ 12% per annum from the date of payment till to the date of realization. Further, OPs be directed to pay Rs.9,80,000/- as compensation for causing mental tension and harassment to the complainant and Rs.10,000/- as litigation expenses.

2.                Notice of the complaint was given to the OP,who filed written reply and contested the complaint by taking preliminary objections that the present complaint is not maintainable in the eyes of law. It is further averred that the present complaint has been filed by the complainant just to harass the OP and to get undue advantage of this Commission. It is further averred that no cause of action has arisen to the complainant to file the present complaint against the answering OP, as such, the present complaint against the OP is liable to be dismissed. It is further averred that the OP charged Rs.81/- as collection charges of the Bank. At the time of using the credit card by the complainant, it was told to him that collection charges will be deducted from the credit card. The complainant agreed with the same. As such, the present complaint is liable to be dismissed on this ground alone. On merits, the factum with regard to visiting the showroom on 28.12.2020 by the complainant for purchasing the insurance policy is admitted and it is also admitted that the insurance premium was amounting to Rs.8122/-. It is also admitted that the complainant gave his credit card for payment of the same, but the other allegations as made in the complaint are categorically denied and lastly submitted that the complaint of the complainant is without merits, the same may be dismissed.

3.                Rejoinder not filed by the complainant.

4.                In order to prove their respective version, the counsel for both the parties have produced on the file their respective version.

5.                We have heard the complainant in person and Ld. Counsel for the OP and have also gone through the case file very minutely.

6.                It is admitted that the complainant visited the showroom of the OP on 28.12.2020 and purchased insurance policy. It is also not disputed that the insurance premium was Rs.8122/-. It is also not disputed that the complainant gave his Indusind credit card for payment of the premium amount. The grudge of the complainant is that the OP has illegally charged 1% extra other than the tax invoice amount. The OP has alleged that the complainant was fully apprised by the OP that the collection charges will be deducted for payment through credit card for the sum of Rs.8122/- and the complainant made the payment through credit card after agreeing for the same.

7.                The complainant has proved on record the insurance policy Ex.C-2, his Aadhar Card Ex.C-1. The bill of Indusind Bank shows that he made the payment through credit card of Rs.8203/- which includes Rs.8122/- as the premium and Rs.81/- as collection charges. The complainant has alleged the deficiency in service in charging Rs.81/-, but he has not produced on record his credit card rules or any RBI guidelines regarding this that no collection charges can be collected by the OP while using the credit card by the complainant. The OP has alleged that he was made aware of the collection charges, but the complainant has not filed any rejoinder denying this fact that he was never apprised of the collection charges to be deducted for the payment through credit card. The complainant is an educated person and is an Advocate as mentioned in his complaint. It cannot be presumed that an Advocate would not be knowing the rules and regulations for making the payment through credit card. The complainant has failed to produce any rules to show that the collection charges amount is to be suffered by the OP. The complainant has failed to prove any deficiency in service on the part of the OP and thus, the complaint of the complainant is without merits and the same is dismissed with no order of costs. Parties will bear their own costs. This complaint could not be decided within stipulated time frame due to rush of work.

8.                Copies of the order be supplied to the parties free of cost, as per Rules. File be indexed and consigned to the record room.

Dated          Jaswant Singh Dhillon    Jyotsna        Dr. Harveen Bhardwaj     

03.12.2024             Member              Member                 President