Haryana

Fatehabad

CC/51/2020

Rajinder Singh - Complainant(s)

Versus

M/S J.B Electronics - Opp.Party(s)

Ramanand

12 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION FATEHABAD.                   

Complaint Case No.51 of 2020.

Date of Instt.:14.02.2020.

Date of Decision: 12.09.2023.

Rajender Singh son of Bhagwan Singh resident of Ward No.1 Shakti Nagar, Fatehabad.

...Complainant

                    Versus

 

1.M/s J.B.Electronics, near Aashirwad Palace in front of Batra Colony, Fatehabad Tehsil & District Fatehabad.

2.Bajaj Finance Lted. First Floor General Complex, G.T.Road, Fatehabad in front of State Bank of India, Tehsil & District Fatehabad.

3.Bajaj Finance Company 4^th Floor Behind Hyatt Pune Ahamdnagar, Hwy,Viman Nagar, Maharastra411014.

 

          ...Opposite Parties.

 

          Complaint under Section 12 of Consumer Protection Act, 1986

 

Present:       Sh.Ramanand, Advocate for complainant.

                   Op No.1 exparte VOD 03.09.2021.

                   Sh.Yogesh Gupta, Advocate for Ops No.2 & 3.

                  

CORAM:        SH. RAJBIR SINGH, PRESIDENT.                             SMT.HARISHA MEHTA, MEMBER.                                              SH.K.S.NIRANIA, MEMBER.                                  

ORDER

SH.RAJBIR SINGH, PRESIDENT

                   Brief facts of the present complaint are that on 05.11.2019, the complainant had purchased a washing machine from Op No.1; that the said washing machine was having five years warrantee;  that the said product was purchased after taking a loan from Ops No.2 & 3 with a monthly installment of Rs.1067/-; that after deducting one installment of Rs.1067/- the Ops  deducted three installments of Rs.1327/- each besides charging Rs.260/- extra; that the complainant requested the Ops for charging the installment to the tune of Rs.1067/- as per fixed schedule but they refused to do so. The act and conduct of the OP is clearly amount to deficiency in service and unfair trade practice on their part. Hence, this complaint.

2.                On notice only Ops No.2 & 3 appeared and filed their joint reply whereas Op No.1  did not appear before this Commission, therefore, it was proceeded against exparte vide order dated  03.09.2021. Ops No.2 & 3 in their joint reply have submitted that the present complaint is not maintainable and the complainant has no cause of action to file the present complaint because the complainant himself has agreed to avail the asset secure policy covering extended warranty for a period of two years commencing from 5^th Nov. 2020 till 4^th Nov. 2022; that the complainant has never approached to replying Ops with regard to any complaint/doubt; that the complainant had purchased the washing machine as per the schedule given below:

Loan account No.	Loan amount financed	EMI	Tenure	Product purchased	Loan account status	Advance EMI
U130CDFK910380	Rs.12,800/-	1067/-	12 months	Lloyd-WM	Active	04 EMI’s

 

that the complainant had also availed an asset secure policy in the month of Nov 2019, the details thereof is as under:

Name of service provider	Member Number	Product Tenure	Extended warranty End Date	Loan account No.	Loan amount	EMI
CPP Assistance Service pvt.Ltd.	AC3201554	2 years	5th Nov. 2020	4th Nov. 2020	1820/-	260/-

 

that the complainant himself has not come to this Commission with clean handsas no amount have been deducted in excess than the fixed EMIs i.e. Rs.1327/- (Rs.1067/- towards the consumer durable loan + Rs.260/- towards the said asset secure policy). There is no deficiency in service and unfair trade practice on the part of answering Op. Other contentions made in the complaint have been controverted and prayer for dismissal of the compliant has been made.

3.                          In evidence, the complainant has tendered affidavit Ex.CW1/A alongwith document Annexure C-1 to Annexure C16 whereas learned counsel for the Ops No.2 & 3 has tendered affidavit Ex.RW2/A and documents Annexure A to Annexure D.

4.                Final arguments advanced on behalf of both the parties have been heard and the case file has also been perused minutely.

5.                The complainant by way of this complaint has leveled allegations that the Ops have deducted three installments of Rs.1327/- each besides charging Rs.260/- extra despite the fact that the actual agreed installment was Rs.1067/- towards the loan amount which was taken for the purchase of washing machine. Undisputedly, the complainant has purchased the washing machine (Ex.C1) by obtaining the loan facility from Ops No.2 & 3 and further extended the warranty thereof but the complainant himself has concealed the fact regarding extended warranty which was brought in the knowledge of this Commission by the appearing Ops. It is a settled principle of law that he who seeks equity must do equity with other but in the present case on one hand the complainant has obtained the loan of Rs.12800/- for the purchase of washing machine followed by another loan of Rs.1820/- for extending the warranty of the product and on the other hand instead of making the payment of loan amount he has disputed the installment without leading any cogent and clinching evidence. The contentions put-forth by the appearing Ops have force and are enough to reach at the conclusion that the there is no deficiency in service and unfair trade practice on the part of Ops.  All the facts qua both loans have been mentioned in the reply filed on behalf of the appearing Ops, therefore, it was open for the complainant to counter the same with reliable evidence but the complainant has not done so, therefore, the present complaint deserves dismissal.

 

 

6.                          On the basis of above mentioned discussion, we are of the considered opinion that there was no deficiency in service at all or any unfair trade practice, on the part of any of the Ops, as alleged, so as to make any of them liable to any extent in this matter. Hence, the complaint is dismissed in view of the facts and circumstances stated above.  All the parties are left to bear their own costs. A copy of this order be supplied to both the parties free of cost as per rules.  This order be uploaded, forthwith, on the website of this Commission as per rules for the perusal of the parties. File be consigned to record room, as per rules, after due compliance.

 

Announced in open Commission.                                                            Dated:12.09.2023

 

 

                                                                                                        

          (K.S.Nirania)                       (Harisha Mehta)            (Rajbir Singh)                         Member                                    Member                                  President