SUNITA YADAV, MONIKA MALIK
Bhawarlal Solonki – Appellant
Versus
Manager, Bajaj Finance – Respondent
ORDER :
Sunita Yadav, President.—The appellant/complainant has filed this appeal against the order dated 30.12.2019 passed by the District Consumer Disputes Redressal Commission, Bhopal-1 (for short ‘District Commission’) in C.C.No.129/2015 whereby complaint filed by him has been dismissed.
2. In short, the facts of the case are that the complainant/appellant had obtained loan facility from the Opposite Party No.1-finance company to purchase a motorcycle for which he had given 35 cheques of Bank of Maharashtra, the Opposite Party No.2 to the Opposite Party No.1 towards repayment of loan @ Rs.1445/- monthly installment. It is alleged by the complainant that the Opposite Party No.1-finance company send the cheques for two months in one month i.e. on 08.11.2013 and 09.11.2013 for clearance in the complainant’s bank account with the Opposite Party No.2-bank. The Opposite Party No.2-bank cleared those cheques and total amount of Rs.2,890/- was credited in the bank account of the Opposite Party No.1-finance company. It is alleged by the complainant that instead of one month’s installment, the employees of the Opposite Party No.1-finance company illegally recovered two monthly installments
(1) No Objection Certificate (NOC) – A consumer complaint alleging deficiency in service regarding loan repayment (such as excess deduction of installments) is not maintainable if the complainant has....
(1) Reduce Interest & Penalty – Complainant’s prayer to reduce “interest and penalty” implied he was aware of the entries in the account statement. One cannot allege excessive charging without having....
Ld. Distt. Forum ought to have gone through materials on record properly and given its finding.Ld. Distt. Forum did not take pleadings in consideration and evidence of both parties with proper perspe....
Liability for non-refund of deposits – A financial institution or entity cannot escape liability for non-refund of deposits by merely denying the transaction or the relationship in its pleadings. Whe....
(1) “Unfair Trade Practice” – An “unfair trade practice” refers to a trade practice which, for the purpose of promoting the sale, use, or supply of any goods or for the provision of any service, adop....
The main legal point established is the liability of the opposite party No.1 for negligence and deficiency in service in handling the cheque clearance process.
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