Date of filing:- 19/03/2019.

Date of Order:-16/01/2020.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM(COURT)

B A R G A R H.

Consumer Complaint No. 05 of 2019.

Ashok Kumar Mitra, aged about 54(fifty four) years son of Late Subodh Kumar Mitra, presently residing at Badri Prasad Apartment, Block-D, Flat No. 607 in front of Rukmani Talkies, Ward No. 16(sixteen), Ps. Bargarh (Town), Po/Dist. Bargarh. ..... ..... ..... Complainant.

-: V e r s u s :-

1. Shriram Transport Finance Company Ltd., Sambalpur, represented through its Manager, Near Kaberi Hotel, Sambalpur.

2. Chief Executive Officer, Shriram Transport Finance Company Ltd., Head Office at 101-105 Shiv Chambers, Ist Floor, B Wing, Shiv Chambers, Sec.11, C.B.D. Belapur, Navi Mumbai-400614. ..... ..... ..... Opposite Party.

Counsel for the Parties:-

For the Complainant :- Sri D.Mishra, Advocate with associate Advocates.

For the Opposite Parties :- Ex-Parte.

-: P R E S E N T :-

Sri Krishna Prasad Mishra ..... ..... ..... ..... ..... P r e s i d e n t.

Ajanta Subhadarsinee ..... ..... ..... ..... ..... M e m b e r (W).

Dt.16/01/2020. -: J U D G E M E N T:-

Presented by Ajanta Subhadarsinee, Member(w):-

Brief facts of the case ;-

The Complainant has lodged this complaint U/s 12 of Consumer Protection Act-1986, alleging deficiency in service against the Opposite Parties. The gist of the complaint is as follows:-

The Complainant being a Govt. Contractor, for his construction work had purchased a 424B Vehicle, Backhoe Loader, bearing Regd. No. OR-17-K-0895, Engine No. 4H32011120783 and Chassis No. RSBC12110975, financed by the Opposite Parties vide loan No. SEF16920240001, amounting Rs.17,00,000/-(Rupees seventeen lakh)only. And as security for the aforesaid loan the Complainant had entered into an agreement with the Opposite Parties on Dt.12/02/2012 and hypothecated the vehicle in favour of the Opposite Parties.

Further the complaint contends that the Complainant has paid up all the instalments of the loan and has cleared the total loan amount since Dt.25/10/2016. And after repayment of the said loan amount, the Complainant has repeatedly requested the Opposite Parties for issue of No Objection Certificate to him, to make necessary correction in the R.C. Book of the vehicle regarding removal of entry of hypothecation as per M.V.Act, though the Opposite Party No.1(one) has issued a letter to the Complainant on closure of his loan account Dt.20/09/2018 but did not supplied the NOC to him. While in need of money the Complainant wanted to sell the vehicle, due to hypothecation of the vehice he was unable to do so.

As per the complaint petition the Opposite Parties have harassed and avoided the Complainant for several times for supplying the NOC, which amounts to negligence and deficiency in service with unfair trade practice. Again for such act of the Opposite Parties the Complainant being harassed has sustained mental agony and financial loss. The Complainant seeks the redressal of the Forum to direct the Opposite Parties to issue the NOC in favour of the Complainant in respect of his vehicle bearing Ragd. No. OR-17-K-0895 and to compensate him to the tune of Rs.1,50,000/-(Rupees one lakh fifty thousand)only towards harassment, mental agony and financial loss and Rs. 50,000/-(Rupees fifty thousand)only as as litigation expenses.

The Complainant in support of his contention relies upon the xerox copies of the following documents:-

1. Photocopy of R.C. Book.

2. Photocopy of letter of closure of contract in the system of Opposite Parties with no dues, Dt.20/09/2018, in favour of the Complainant, which is verified with the original one.

The Complaint petition was admitted having gone through it with the documents in its support and by hearing the argument of the Complainant through his advocate. Notices were served on the Opposite Parties for their appearance and version. On being noticed the Opposite Parties neither appeared nor filed their version personally or through any legal representatives before the Forum. Service was sufficient against the Opposite Parties, hence they were set ex-parte on Dt.12/12/2019. Case was heard and posted for ex-parte Order.

Gone through the case record, heard the pleading of the Complainant, perused the documents available in the record, the following issues to be decided in this case.

1. Whether the Opposite Parties have caused any deficiency in rendering service to the Complainant and adopting unfair trade practice here ?

2. Whether the Opposite Parties are liable for any compensation to the Complainant ?

So far as the Issue No.1(one) is concerned, as per the complaint petition and on hearing the advocate for the Petitioner, it reveals that the Complainant has purchased a 424B Backhoe Loader vehicle, financed by the Opposite Parties, bearing Regd. No. OR-17-K-0895 Engine No. 4H32011120783 and Chassis No. SEF169202040001, amounting Rs.17,00,000/-(Rupees seventeen lakh)only on Dt.04/02/2012 from M/s Tractor India Pvt. Ltd, Bhubaneswar. And for the said vehicle loan-cum-hypothecation an agreement has been executed between the parties on Dt.12/02/2012. The Complainant has repaid the loan amount by clearing all the installments since Dt.25/10/2016 which is clearly revealed in the letter Dt.20/09/2018 filed by the Petitioner as evidence where on it is mentioned by the Opposite Party that the loan No. SEF169202040001, amounting Rs.17,00,000/-(Rupees seventeen lakh)only of the customer/petitioner is closed. But unfortunately the Opposite Parties have not been supplied the NOC to the Petitioner for his future use, for which this consumer dispute arose. Although repeated request has been made by the Complainant for the NOC of his vehicle, the Opposite Parties avoided the same without any reason on different grounds and pretexts. After receiving the total loan amount from its customer it is the primary duty of the financing company/the Opposite Party, to supply the NOC, voluntarily to their customer/the Complainant which is not done by the Opposite Party, though several request has been made by the Complainant. And it is the absolute right of the Petitioner to get the NOC of the said vehicle from the Opposite Parties, after repayment of the loan amount. Being not appearing before the Forum, the Opposite Parties have not proved the contrary.

The above things are not disproved by the Opposite Parties in any manner and their non-appearance in the Forum and absence of any contrary to prove against the Complainant, made the allegation of the Complainant, true. Though service were sufficient against the Opposite Parties, their non-appearance before the Forum shows that they are willfully disobeying the order of the Hon'ble Forum and they have nothing to say about the dispute matter.

From the above discussion it is clear that due to these act and attitude of the Opposite Parties the Complainant has not only suffered mentally but also face physical harassment. Hence, the negligence and deficiency in service lies with the Opposite Parties and amounts to unfair trade practice.

Secondly, while considering the Issue No.2(two), whether the Opposite Parties are liable for any compensation to the Complainant and whether the Complainant is entitled to the reliefs as sought for by him, since we have already discussed the case in details in our foregoing paragraphs and have expressed our opinion in favour of the Complainant. Now we are of the view that both the Opposite Parties are jointly and severally liable to compensate the Complainant from what he suffered.

Delving deep into the matter, pleading and documents available in the case record, the Forum unanimously arrived at a decision and order as follows:-

-: O R D E R :-

The Opposite Parties are jointly and severally directed to issue the NOC of the said vehicle bearing Regd. No. OR-17-K-0895 in favour of the Complainant and further directed to pay Rs. 30,000/-(Rupees thirty thousand)only towards harassment, mental agony and financial loss and Rs. 5,000/-(Rupees five thousand)only for litigation expenses to the Complainant. The aforesaid order shall be carried out within thirty days from receiving of this Order, failing which the total awarded amount shall carry an interest @10%(ten percent) per annum till the actual date of realization.

The Complaint is allowed and disposed off accordingly in the open Forum to-day i.e. Dt.16/01/2020.

Typed to my dictation

and corrected by me.

 ( Ajanta Subhadarsinee)

               M e m b e r(w).

                                I agree,

  (Sri Krishna Prasad Mishra)

                       P r e s i d e n t.

        Uploaded by

Sri Dusmanta Padhan

Office Assistant, Bargarh.