IN THE CONSUMER DISPUTES REDRESSAL FORUM, ALAPPUZHA
Friday the 17th day of January, 2020.
Filed on 06-12-2018
Present
- Smt. Sholy P.R, B.A.L,LLB (President-in-charge)
- Smt.C.K.Lekhamma, B.A, LLB (Member)
In
CC/No.314/2018
between
Complainant:- Opposite parties:-
Smt.Prasanna Unnikrishnan 1. The Proprietor
W/o Unnikrishnapillai Attinkara Electronics
Krishna M.C Road
Parumala P.O Chengannur
Thiruvalla- 689626
2. M/s Bajaj Fin Surve
Muthoor
Thiruvalla
(By Adv.Shoukkath Ali. K &
Adv.Chitra M Unni)
O R D E R
SMT.SHOLY P.R (PRESIDENT-IN-CHARGE)
Brief facts of the complainant’s case is as follows:-
As per the advertisement circulated by the 1st O.P in newspaper and in public notice that they would sell furnitures at zero interest rate under instalment scheme. On the basis of the above representation, on 10.03.2018 the complainant purchased some household items of furnitures viz, one wooden cot 6 x 5 for Rs.28,500/-, sunidra mattresses 72 x 60 x 4 for Rs.7,525/-, covered corner sofa (HM7) for Rs.26,100/- , supreme steel almirah 2 in numbers for Rs.21,999.99/- and the 1st O.P has given the invoice for the grand total of Rs.84,124.98/- to the complainant out of the said amount the complainant remitted Rs.15,250/- to the 1st opposite party as initial payment. The complainant was also informed that the loan amount will be provided by the Bajaj Fin serve and obtained her signature on some papers. The 1st O.P also made the complainant to believe that she will not have to pay even a single penni as interest. There after the complainant remitted an amount of Rs.68,536/- by 8 instalments from 06.04.2018 to 05.11.2018 through her bank account towards the loan amount of Rs.68,874.97/- granted by the opposite parties. As per the invoice the balance amount to be remitted was only Rs.338.97/-. On 03.12.2018 the complainant approached the 1st opposite party for closing the said transaction by remitting the balance amount. But the 1st O.P informed that the loan transaction will be closed only after remitting 2 instalments of Rs.8,567/- each. Moreover the opposite parties threatened the complainant to remit an amount of Rs.17,134/- for closing the loan transaction otherwise she has to pay Rs.5,000/- as fine besides that amount. The further allegation of the complainant is that both the opposite parties by suppressing the real facts combined and conspired for getting more profit from the complainant charged excess amount for each items and also involved in the scheme by making the complainant to believe that the said scheme is having no interest. This is misselling and illegal and proceedings to misuse of a common man. The complainant also alleged that by taking the advantage of her ignorance and insufficient experience the opposite parties mislead the complainant for getting more profit. For clearing the doubts the complainant approached the 1st opposite party but they did not respond hence this complaint filed for declaring the entire amount would be remitted in the transaction between the complainant and opposite parties and also declaring the procedure of demanding the excess amount of Rs.17,134/- as illegal and for compensation of Rs.50,000/- for the mental agony of the complainant and deficiency in service of the opposite parties.
2. In response to the notice the 2nd opposite party appeared through counsel and the 1st O.P remained absent and set exparte. Though sufficient opportunity was granted the 2nd opposite party has not filed any version and hence exparte evidence was recorded. The complainant filed proof affidavit and got marked Ext.A1 and Ext.A2 documents.
3. Heard the complainant and perused the records.
4. The unchallenged averments in the complainant as well as proof affidavit indicate that the complainant has purchased wooden furnitures and other household articles viz, wooden cot, mattress, corner sofa and steel almirah for a total amount of Rs.84,124.98/- from the 1st opposite party, that the complainant has approached the 1st O.P and purchased the said furniture attracted the advertisement circulated in the newspaper and in public notice. At the time of purchase she was also informed that the loan amount would provide by the 2nd O.P and no amount to be paid as interest in the scheme. Hence she purchased the articles worth Rs.84,124.98/- and also made a down payment of Rs.15,250/- and the balance amount to be paid is Rs.68,874.97/- only for which the opposite parties arranged loan facility. The complainant further sworn that she had regularly paid monthly instalment amount right from 06.04.2018 to 05.11.2018 at the rate of Rs.8,567/- per month to the O.P and according to the PW1 the O.P realised the entire amount as per the Ext.A1 except Rs.338.97/-. But the O.P has demanded more amount than actually due and the demand of excess amount by the O.P is illegal, unfair and is a procedure adopted by the O.P to misuse of a common man by suppressing real facts to obtain unjust profit. Ext. A1 document containing the details of price, amount paid as down payment and the balance amount and also stipulates that the balance will be paid in 10 instalment at the rate of Rs.8413/-. There is no stipulation in Ext.A1 that no interest will be charged. However as per Ext.A2 document the complainant has seen paid only 8 monthly instalments. Moreover there is no corroborative evidence to prove that the loan provided by the opposite parties was having without interest as claimed in the complaint and proof affidavit. The complainant has not even produced the notice or advertisement appeared in the news paper to convince the forum that the opposite party has offered zero interest to the loan provided. In view of the terms of Ext.A1.
On evaluating the entire materials we are of the view that the case set up by the complainant is not proved and the complainant has failed establish that there is any deficiency in service on the side of the opposite party. Therefore we are of the view that the complainant is not entitled to get an order of declaration sought for in the complaint.
In the result the complaint stands dismissed. No order of costs.
Dictated to the Confidential Assistant, transcribed by her corrected by me and pronounced in open Forum on this the 17th day of January 2020.
Sd/-Smt. Sholy P.R (President-in-charge) :
Sd/-Smt.C.K.Lekhamma (Member) :
Appendix:-
Evidence of the complainant:-
Ext.A1 - Invoice dtd 10.03.2018
Ext.A2 - SBI pass book
Evidence of the opposite parties:- Nil
// True Copy //
To
Complainant/Oppo. party/S.F.
By Order
Senior Superintendent
Typed by:- Sa/-
Compared by:-
