West Bengal

Birbhum

CC/52/2017

Sukhen Das, S/O Jiten Das - Complainant(s)

Versus

Prop. Nilkanta Mondal, M/S Indrani Electronics - Opp.Party(s)

Achinta Chattapadhyaya

30 Nov 2017

ORDER

Shri Biswa Nath Konar, President.

            The case of the complainant Sukhen Das, in brief, is that he purchased a Godrej Refrigerator from the O.P. At the time of purchase O.P repeatedly requested him not to purchase the same by cash and they would provide easy installment facility with 0% interest and without any processing charges and for that the complainant somehow convinced and agreed to the proposal of the O.P and paid Rs. 7415/- as initial installment out of total value of Rs. 18990/- of the said refrigerator and rest amount i.e. Rs. 11575/- was to be paid by the complainant by 7 installments of Rs. 1583/- each and last instalment of Rs. 2077/- and was to be paid through SBI A/c No. 34016037792. But at the time of issuing receipt as tax invoice No. 243 dated 13.02.17 in column of “Due” O.P wrote as Bajaj and query of the complainant they convinced him, that they have tie up with Bajaj and not to worry for that.

            It is the further case of the complainant that but thereafter the complainant surprisingly noticed in his pass book that on 03.04.17 Rs. 1735/- was debited from his account and Rs.152/- was deducted  from his account as more than the actual installment. He also astonished that how Bajaj Auto directly deducted the said amount from the account of the complainant. He asked for the O.P in this regard but no consequence.

            So, the agent of the O.P i.e. Bajaj Auto debited total amount of Rs. 5205/- from the account of the complainant. So the O.P is entitled to get Rs. 6370/- out of his balance Rs. 11575/-.

            Hence this case for directing the O.P to take Rs. 6370/- from the complainant as balance amount for said refrigerator as full and final payment directly and not through the Bajaj Auto Ltd.  He also prayed for directing the O.P to pay compensation Rs.50000/- as mental pain and agony.

            The O.P inspite of receipt of notice has not turned up and ultimately the case was heard ex parte against them.

Point for determination.

1.  Whether the complainant is a consumer under Sec. 2(1)(d)(ii) of the C.P. Act.?
2. Whether this Forum has jurisdiction to try this case?
3. Whether there is any deficiency in service on the part of the O.P.?
4. Whether the complainant is entitled to get any other relief or reliefs as prayed for?

 

DECISION WITH REASONS

During the trial the complainant Sukhen Das has been examined as PW1 and filed some documents.

Heard arguments of Ld. Advocate/Agent of the complainant.

Point No.1:: Evidently the complainant purchased a Godrej Refrigerator from the O.P by paying cash Rs. 7415/- as initial installment out of total value of Rs. 18990/- and rest amount i.e. Rs. 11575/- was to be paid by the complainant by 7 installments of Rs. 1583/- each and last instalment of Rs. 2077/- and was to be paid through SBI A/c No. 34016037792.

            So, the complainant is a consumer U/s 2(1)(d)(ii) of the C.P. Act.

Point No.2:: The shop of O.P has within jurisdiction of this Forum.

The total valuation of the case is Rs. 56370/- which is far less than maximum limit of the pecuniary jurisdiction of the Forum i.e. Rs. 20,00,000/-.

So, this Forum has pecuniary and territorial jurisdiction to try this case.

Point No. 3 and 4:: Both points are taken up together for convenience of discussion as they are related to

each other.

The complainant in his complaint and evidence stated that he purchased a Godrej Refrigerator from the O.P. At the time of purchase O.P repeatedly requested him not to purchase the same by cash and they would provide easy installment facility with 0% interest and without any processing charges and for that the complainant somehow convinced and agreed to the proposal of the O.P and paid Rs. 7415/- as initial installment out of total value of Rs. 18990/- of the said refrigerator and rest amount i.e. Rs. 11575/- was to be paid by the complainant by 7 installments of Rs. 1583/- each and last instalment of Rs. 2077/- and was to be paid through SBI A/c No. 34016037792. But at the time of issuing receipt as tax invoice No. 243 dated 13.02.17 in column of “Due” O.P wrote as Bajaj and query of the complainant they convinced him, that they have tie up with Bajaj and not to worry for that.

It appears from the original invoice No. 243 dated 13.02.17 that the complainant has purchased a Godrej Refrigerator at a price of Rs. 18990/- and Rs. 7415/- was paid to the O.P by the complainant as initial installment.

The complainant further stated that but thereafter the complainant surprisingly noticed in his pass book that on 03.04.17 Rs. 1735/- was debited from his account and Rs.152/- was deducted  from his account as more than the actual installment. He also astonished that how Bajaj Auto directly deducted the said amount from the account of the complainant. He asked for the O.P in this regard but no consequence.

We find from the original pass book of the complainant that on 03.04.17, 02.05.17 and 02.06.17 Rs. 1735/- each i.e. total Rs. 5205/- was debited from the said account of the complainant and credited in favour of the Bajaj Auto.

We find from the original invoice dated 13.02.17 the total valuation of the refrigerator was Rs. 18990/- and Rs. 7415/- was paid by the complainant on that date as initial installment and Rs. 11575/- was to be paid by him.

Said invoice also clearly shows that the monthly installment was fixed at Rs. 1583/-.

But evidently Rs. 1735/- P.M. (for three months) have been debited from the account of the complainant and Rs. 152/- each for three months i.e. total Rs. 456/- have been illegally deducted from his account as excess than original installment of Rs. 1583/- each.

We further find that there is nothing to show how Bajaj Auto directly deducted the said amount from the account of the complainant.

So, it is clear from above made discussion that out of total valuation of the refrigerator i.e. Rs. 18990/-, Rs. 7415/- was paid to the O.P on that date by the complainant and Rs. 5205/- was debited from the account of the complainant in favour of the Bajaj Auto, Agent of the O.P and ultimately the O.P is entitled to get Rs. 18990/- - Rs. 7415/- - Rs. 5205/- = Rs. 6370/-.

Considering overall matter into consideration and material on record we find that the act of the O.P is nothing but deficiency in service and illegal trade practice and we think if Rs. 4000/- is awarded to the complainant as compensation for mental pain and agony that would met the ends of justice.

Thus these points are decided in favour of the complainant. The case succeeds in ex parte.

Proper fees have been paid.

Hence,

O R D E R E D

that C.F case No. 52/2017 be and the same is allowed on ex parte  against the O.P with a cost of Rs. 1000/-.

            The O.P is directed to take Rs. 6370/- from the complainant as balance amount for said refrigerator as full and final payment directly and not through the Bajaj Auto Ltd. The O.P is also directed to pay Rs. 4000/- to the complainant as compensation for mental pain and agony.  All such orders shall comply within one month from the date of this order failing which the complainant shall be at liberty to execute the order as per law and procedure.

            Copy of this order be supplied to the parties each free of cost.