Fraudulent misrepresentation, harassment, and unjust charges by Bajaj Finance

kamalkumarax

New member
Bank Name
Bajaj Finance Ltd
Customer Care Number
086980 10101
Loss Amount
3300000
Ratings
3.00 star(s)
Opposite Party Address
1. Bajaj Finance Limited
Corporate Office Address : 4th Floor, Bajaj Finserv Corporate Office, Off Pune- Ahmednagar Road, Viman Nagar, Pune – 411 014
CONSUMER COMPLAINT UNDER SECTION 35 OF THE CONSUMER PROTECTION ACT, 2019

Subject:
Fraudulent misrepresentation, harassment, and unjust charges by Bajaj Finance.

A. Facts of the Case:

  1. Misleading Representation (April 2024):
    • OP No. 2 (Mr. Prateek) aggressively promoted an "Overdraft Facility", falsely claiming:
      • "Zero charges if unused."
      • "No obligation to use funds."
    • Complainant explicitly stated no need for funds but was coerced into sharing documents.
  2. Unauthorized Disbursement & Fraud:
    • OP No. 1 forcibly processed an ACH mandate and disbursed ₹32,99,900 without consent.
    • Complainant returned the full amount within days without utilization.
  3. Unlawful Charges & Harassment:
    • ₹2,821 interest levied for 4 days (later refunded after RBI intervention).
    • ₹2 lakhs demanded as "foreclosure charges" for an unused facility.
    • ₹9,773 AMC fees added despite zero-usage assurances.
    • CIBIL score dropped from 890 to 750 due to OP’s false reporting.
  4. Failed Resolutions:
    • Complaints filed with RBI Ombudsman, PGP Portal, BFL Nodal Officer yielded no relief.
B. Relief Sought:

  1. Waive of all illegal charges (₹9,773 + ₹2,821).
  2. Compensation of ₹10 lakhs for:
    • Mental harassment & reputational damage.
    • Legal costs & time invested.
  3. Direction to OP to:
    • Close the overdraft account immediately.
    • Remove ACH mandates.
    • Restore CIBIL score to 890.
  4. Penalty on OP for unfair trade practices.
C. Grounds:

  1. Deficiency in Service (Section 2(11) of CPA, 2019):
    • OP failed to disclose hidden charges and misrepresented terms.
  2. Unfair Trade Practice (Section 2(47)):
    • Coercive ACH mandate, unauthorized EMI deductions.
  3. Financial Harassment:
    • Threats to damage CIBIL despite complainant’s compliance.
 
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