Consumer forum directs Bajaj Finance to issue NOC, pay compensation to Mangalore auto owner
Mangalore: The District Consumer Disputes Redressal Commission has ordered Bajaj Finance Limited to provide all necessary loan-related documents and issue a No Objection Certificate (NOC) to a complainant who alleged deficiency in service. The Commission has also directed the finance company to pay a compensation of ₹25,000 and litigation costs of ₹10,000 for failing to address the grievances of the complainant in a timely manner.
The case was filed by Mohammed Nawaz, a 30-year-old resident of Demmale Gudde House in Mallur Village, Mangalore Taluk, against Bajaj Finance Limited, represented by its Managing Director. The complainant was represented by Advocate Shwetha, while Advocate Rupesh Kumar N appeared on behalf of the finance company. Nawaz had taken a loan of ₹1,90,000 from the Moodabidre Branch of Bajaj Finance Limited on September 30, 2018, for the purchase of an auto-rickshaw under Loan Agreement No. L3WMLR06324087. As per the agreement, he was required to repay the amount in 60 monthly installments of ₹5,526 each.
Nawaz claimed that he had diligently paid his Equated Monthly Installments (EMIs), even during the COVID-19 pandemic when many borrowers struggled to meet their financial commitments. By the time he sought a loan closure certificate to remove the hypothecation of his vehicle (KA19AC6385) from the Regional Transport Office (RTO), he had already paid a total amount of ₹3,28,500.16 towards the loan and interest. However, to his shock, Bajaj Finance refused to issue the NOC, citing an outstanding balance of ₹1,22,356.76. Nawaz disputed this claim, alleging that the company was engaging in unfair trade practices by demanding an additional sum that was neither justified nor documented properly.
After repeated requests failed to yield any response from Bajaj Finance, Nawaz served a legal notice to the company on January 26, 2024, followed by a corrected notice on January 29, 2024. In his notice, he demanded a copy of the loan application and sanction letter, the hypothecation agreement along with other loan-related documents, and the NOC for the removal of hypothecation from the vehicle. Despite these notices, the company allegedly failed to respond, leading Nawaz to file a complaint under Section 35 of the Consumer Protection Act, 2019.
In response, Bajaj Finance admitted that the loan was sanctioned but argued that the complainant had defaulted on his payments. The company claimed that Nawaz had availed of a moratorium from March 2020 to August 2020 due to financial constraints during the COVID-19 pandemic. It stated that, as a result, the loan tenure was extended from the initially agreed 60 months to 77 months, with additional interest applied for the deferred payments. Bajaj Finance further alleged that the complainant had not cleared the EMIs for the moratorium period and failed to provide proof of payments made. The finance company also contended that the dispute involved complex legal interpretations and should have been addressed in a civil court rather than a consumer forum.
The Consumer Commission, after carefully analyzing the documents and hearing the arguments, found that Nawaz had provided substantial proof that he had made regular payments amounting to ₹3,28,500.16. On the other hand, Bajaj Finance failed to submit any valid evidence to justify its claim of an additional outstanding amount. The Commission ruled that the finance company was guilty of deficiency in service for refusing to issue the NOC and the requested loan-related documents despite the complainant having fulfilled his repayment obligations.
Following the proceedings, the Commission partly allowed the complaint and passed an order directing Bajaj Finance to provide all loan-related documents to the complainant and issue the NOC for the removal of hypothecation of vehicle KA19AC6385 before the RTO. Additionally, the company was instructed to pay ₹25,000 as compensation for the inconvenience caused due to its failure to provide proper service and ₹10,000 towards the legal expenses incurred by the complainant.
The Commission specified that the directives must be implemented within 30 days from the date of receipt of the order. Failure to comply with the ruling would attract further legal action under the Consumer Protection Act, 2019.
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National Herald case: Shivakumar to seek time next week to appear before Delhi police
New Delhi/Bengaluru (PTI): Karnataka Deputy Chief Minister D K Shivakumar on Monday said he will ask for time from Delhi police to appear before them next week, to provide required information as part of the probe into the National Herald case.
He said he will seek time after the ongoing winter session of Karnataka legislature ends on December 19. He will also ask the Delhi police to provide him the FIR copy.
Shivakumar, who is in the national capital, had earlier said that he will appear before the Delhi police on Monday. But, he postponed the plan in order to rush back to Karnataka to participate in the last rites of veteran Congress leader Shamanuru Shivashankarappa, scheduled later in the day in Davangere.
"I had to go (to appear before the Delhi police), but I have to go back urgently. I'm asking them for time, stating that I will come next week," Shivakumar told reporters in New Delhi.
"They (Delhi police) have not attached the FIR copy while issuing notice to me. I need FIR copy, because we had already given all the required replies to the ED. I don't know what the FIR says, I only read in papers. They have given notice, I will ask for a FIR copy. I will come next week after the Assembly session."
The Delhi Police had issued a notice to Shivakumar, who is also the Karnataka Congress chief, seeking financial and transactional details as part of its probe into the National Herald case.
The notice issued by the Economic Offences Wing (EOW) states that Shivakumar is "supposed to be having vital information" pertaining to the National Herald case registered on October 3 this year, against top Congress leaders Sonia Gandhi and Rahul Gandhi.
In the notice dated November 29, the EOW had asked Shivakumar to appear before it or provide the requested information by December 19 latest.
Investigators have sought details about his personal background, his association with the Congress party, and a complete break up of funds allegedly transferred by him or associated entities to Young Indian.
To a question on meeting AICC General Secretaries K C Venugopal and Randeep Singh Surjewala, amid the ongoing power tussle between him and CM Siddaramaiah over the Chief Minister post, Shivakumar said when he comes to Delhi, he usually meets every one.
"Whether it is Surjewala or Kharge (AICC President Mallikarjun Kharge) or Venugopal, I will meet everyone. During lunch yesterday I met Rahul Gandhi and Sonia Gandhi. I have met everyone. What's wrong?" he asked.
Shivakumar was in Delhi to take part in Congress' "Vote Chori" rally on Sunday, and had also participated in the lunch organised by the party for its leaders.
Responding to a question, whether any meeting is planned with leaders today, the Deputy CM said, he and Kharge will be travelling together to Karnataka, to pay last respects to Shamanuru Shivashankarappa.
Asked if he will seek time for a separate meeting with Congress leadership including Rahul Gandhi, during the next visit to Delhi, Sivakumar said, "such things will be there between us in the party.... you don't worry."
