It is mostly seen that Finance companies and shop owners like V R Mall Punjab at Kharar charge a processing fee for financing a particular item or product.
But the question is what if the product is found defective? Who will bear the processing fee if it is returned- customer or the financial companies or the shop owner?
Facts of the case
- Shop had charged Rs. 767 in cash and Rs. 1 from debit card as loan processing fee for defective sofa.
- Complainant purchased sofa from Home Care Centre at VR Mall, Kharar on loan. Since the sofa was found defective, it was returned but without Rs. 767 back to the account of the complainant.
- Both Homa Care Centre and Bajaj Finance were made parties who denied their liability to pay the processing fee.
- In this case, even legal notice was sent which too was left unheard.
- Finally, Court held holding processing fee for unlawful gain is nothing but unfair trade practice. Thus, forum ordered Rs. 10,000 as compensation and litigation fe along with refund of Rs. 768 Bajaj Finance was penalized for charging processing fee.
The one will keep the processing fee is liable to return. In this case, it is the shop which is being asked to refund Rs. 768 as processing fee along with Rs. 10,000 as compensation.
You may also consult top Consumer Protection Lawyer/ Advocate in Chandigarh, Panchkula and Mohali.
For more information on the subject, please dial 9988817966.