IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.
CONSUMER CASE NO. : 166/S/2014. DATED : 10.01.2018.
BEFORE PRESIDENT : SMT. KRISHNA PODDAR,
President, D.C.D.R.F., Siliguri.
MEMBER : SRI TAPAN KUMAR BARMAN.
COMPLAINANTS 1. : SMT. SANGEETA CHANDA,
D/O Sri Bidyut Chanda.
2. : SRI BIDYUT CHANDA,
S/O Late Bijoy Krishna Chanda,
Both being resident of
Hakimpara, Near Malaria Office,
P.O. & P.S.- Siliguri, Dist.- Darjeeling.
O.Ps. 1. : THE MANAGING DIRECTOR,
Fullerton India Credit Company Limited,
3rd Floor, Old No.307, New No.165 Megh Towers,
Poonmalee High Road, Maduravoyal,
Chennai – 600 095.
2. : THE MANAGING DIRECTOR,
Fullerton India Credit Company Limited,
Iscon Mandir Road, P.O.- Sevoke Road,
P.S.- Bhaktinagar, Dist.- Jalpaiguri.
FOR THE COMPLAINANTS : Sri Kausik Chatterjee, Advocate.
FOR THE OP Nos.1 & 2 : Sri Sudip Bhattacharya, Advocate.
J U D G E M E N T
Smt. Krishna Poddar, Ld. President.
Brief facts of the complaint case are that the complainants took loan from the OP Nos.1 & 2 in the month of 2011 for purchasing a vehicle being Loan Account No.132320200012920 and they cleared the entire monthly instalments towards repayment of the loan amount in the month of December, 2012. Despite repayment of the entire loan amount till this day the OP No.1 & 2 have not handed over the No Objection Certificate with respect to the said loan amount to the complainants and necessary documents to the RTO for deletion of the hypothecation clause in the R C Book. On 01.09.2014 and again on 16.10.2014 the OP Nos.1 & 2 sent letter addressed to the complainants and from the statement of accounts pertaining to the said account for the period from 17.12.2011 to 26.09.2014, it has come to the knowledge of the complainants that
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the OPs have charged a sum of Rs.466/- from the complainants towards bounce charges and additional interest against the cheque No.211784 dated 05.07.2012 for an amount of Rs.2,648/- and in the pretext of the contents of the said letters despite repayment of the entire loan amount till this day, the OP Nos.1 & 2 have not handed over the No Objection Certificate in respect of the said loan amounts to the complainants and necessary documents to the RTO for deletion of the hypothecation clause in the R C Book. On the date the said cheque has been shown by the OP Nos.1 & 2 to be bounced in the statement of accounts, the complainants carried sufficient fund in his account being A/C no.129358004255 in the West Bengal State Co-operative Bank Ltd. to honour the said cheque and hence the said intimation in the said statement of account is absolutely uncalled for and illegal. The OP Nos.1 & 2 in collusion with each other for their unjust enrichment most unlawfully has caused the said cheque to be shown as bounced and returned the same though nowhere the returned memo dated 07.07.2012 of the Axis Bank Ltd., Siliguri Branch, Spectrum House, Sevoke Road, Siliguri – 734 001 mentioned that the said cheque has been returned due to insufficient funds. The complainant have already paid the said cheque amount to the OP Nos.1 & 2 on 31.07.2014 and in the said circumstances the letter dated 01.09.2014 and 16.10.2014 of OP Nos.1 & 2 calling the complainants to make payment of a sum of Rs.466/- towards bounced charges and additional interest against the cheque no.211784 dated 05.07.2012 is absolutely bad in law and tantamount to serious departure from consumer kindness. The complainants sent a legal notice dated 28.10.2014 to the OPs through their lawyer under speed post with A/D calling upon them to handover the clearance certificate/NOC with respect to the said loan account to the complainants within 15 days of the receipt of the notice but of no result, though the said notice has been duly received by the OPs. Hence this case.
OP Nos.1 & 2 have entered appearance and contested the case by filing a written version wherein the material averments made in the complaint have been denied and it has been contended inter-alia that the instant case is not maintainable. It has been stated by the OP Nos.1 & 2 that the complainants had made default in making payment of their EMI during the month of July, 2012 and it was only upon reminder calls the complainants had made payment of the EMI. In fact, the cheque bearing No.211784 issued by the complainants had bounced and returned dishonoured and as such penal charges as stipulated in the concerned loan agreement was levied and there is no illegality and/or breach of contact and/or deficiency of service and/or illegal trade practice committed in
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doing so. It has been further contended by the OPs that on being satisfied with the fact of such dishonour of the aforesaid cheque the complainants finally made payment of the amount of the dishonour cheque to the OPs by cash on 31.07.2012 despite being knowing fully well that the EMIs were to be paid on or before 5th day of every month. It has been further stated by the OPs that the OPs are very much within its legal as well as contractual rights in claiming penal charges as per terms and conditions of the concerned loan agreement and the complainants are legally as well as contractually bound to effectuate payment of the penal charges as claimed by the OPs through demand notices and there is no deficiency in service on the part of the OPs and the present case of the complainants is devoid of any merit and as such the complainants are not entitled to get any relief as prayed for and the instant case is liable to be dismissed.
To prove the case, the complainants have filed the following documents:-
1. Letter dated 01.09.2014 and 16.10.2014 sent from the OP No.01 and 02 to the complainants in the address as mentioned in the cause title.
2. The statement of accounts pertaining to the loan account No.132320200012920.
3. Savings Bank Pass Book being account No.129358004255 in the West Bengal State Cooperative Bank Ltd. of the complainant No.02.
4. The return memo dated 07/07/2012 of the Axis Bank Ltd. Siliguri Branch, Spectrum House, Sevoke Road, Siliguri – 734001 pertaining to the cheque No.211784 dated 05/07/2012 for an amount of Rs.2648.00 only.
5. The Cheque No.211784 dated 05/07/2012 for an amount of Rs.2648.00 only.
6. Legal notice dated 28.10.2014 to the OPs through their lawyer under speed post with A/D vide postal receipt No.EW495225807IN dated 28/10/2014 and EW495245850in DATED 05/11/2014.
7. Postal intimation relating to postal receipt No. EW495225807IN dated 28/10/2014.
8. A/D signifying receipt of the legal notice dated 28/10/2014.
9. General Power of Attorney executed by complainant No.01 in favour of complainant No.02.
OP Nos.1 & 2 have filed the following documents :-
1. Copy of Loan Agreement date 15.12.2011 between the complainants and the OP No.2.
2. Account Statement dated 23.12.2015.
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Complainants have filed examination-in-chief.
Complainants have filed written notes of argument.
OP Nos. 1 & 2 have filed examination-in-chief.
OP Nos.1 & 2 have file Written Notes of Argument.
Points for determination
1. Is there any deficiency in service on the part of the OPs ?
2. Are the complainants entitled to get any relief as prayed for ?
Decision with reason
Both the issues are taken up together for the brevity and convenience of discussion.
It is admitted position that complainants availed loan from the OPs in the month of December, 2011 in order to purchase a vehicle and the parties entered into a loan agreement. It is also not disputed that the complainants cleared the entire monthly instalments towards repayment of loan amount in the month of December, 2012.
This is the case of the complainants that despite repayment of entire loan amount in the month of December, 2012 the OP Nos.1 & 2 have not handed over the No Objection Certificate in respect of the said loan amount to the complainants and necessary documents to the RTO for deletion of the hypothecation clause in the RC Book. Subsequently the OPs vide their letter dated 01.09.2014 and 16.10.2014 charged a sum of Rs.466/- from the complainants towards cheque bounce charges and additional interest against cheque no.211784 dated 05.07.2012 for an amount of Rs.2,648/- and despite of repayment of the loan amount the OPs have not handed over the No Objection Certificate to the complainants and necessary documents to the RTO for deletion of the hypothecation clause in the R C Book.
In order to substantiate their case the complainants have submitted examination-in-chief by way of affidavit and certain documents.
The OPs on the other hand claimed that the complainant had made default in making payment of their EMI during the month of July, 2012 and after repeated reminders the complainant had made payment of the EMI on 31.07.2012. The further case of the OPs are that the cheque bearing No.211784 issued by the complainants had bounced and returned dishonoured and as such
penal charges as stipulated in the concerned loan agreement was levied and there is no illegality or breach of contract on the side of the OPs.
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In this case, on the part of the OPs not a single paper or document is furnished to show that the cheque in question bearing no.211784 dated 05.07.2012 was dishonoured by the Axis bank for want of sufficient fund in the account of the complainants rather we find from the savings account book furnished on the side of the complainants that there was sufficient fund on the relevant date in the account of the complainant to honour the cheque. From the written version as well as evidence of the OPs we further find that the complainants made payment of the amount of the alleged dishonoured cheque to the OPs by cash on 31.07.2012 but it is not understandable that even after repayment of entire loan amount to the OPs on December, 2012 as to why the OPs failed to issue the No Objection Certificate in favour of the complainants and also the necessary documents to the RTO for deletion of the hypothecation clause in the R C Book. OPs claimed that for non-payment of penal charges of Rs.466/- as stipulated in the loan agreement, the No Objection Certificate was not issued. But on perusal of the Xerox copy of the Loan Agreement we do not find any such clause that the EMI would be paid within 5th of the current month. Moreover, the OPs failed to produce any document in respect of alleged dishonour of the cheque issued on the side of the complainants. So, upon hearing the parties as well as considering the facts and circumstances of the case with regard to the materials and evidence of the parties on record, we are of the view that the complainants succeed to prove its case.
Under the such circumstances the complainants are entitled the No Objection Certificate from the OP Nos.1 & 2. OPs are accordingly directed to issue the No Objection Certificate with respect to the Loan Account No.132320200012920 to the complainants and necessary documents in this regard to the RTO for deletion of the hypothecation clause in the R C Book.
OPs are further directed to pay a sum of Rs.20,000/- to the complainants for mental agony, sufferings and harassment.
OPs are further directed to pay a sum of Rs.5,000/- to the complainants towards litigation cost.
Both the issues are disposed of accordingly.
In the result, the case succeeds in part.
Hence, it is
O R D E R E D
that the Consumer Case No.166/S/2014 is allowed on contest in part against the OP Nos.1 & 2 with cost.
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Complainants are entitled to get the No Objection Certificate from the OP Nos.1 & 2.
Complainants are further entitled to get a sum of Rs.20,000/- for mental agony, sufferings and harassment from the OP Nos.1 & 2.
Complainants are further entitled to get a sum of Rs.5,000/- towards litigation cost from the OP No.1 & 2.
OP Nos.1 & 2, who are jointly and severally liable, are directed to issue the No Objection Certificate with respect to the Loan Account No.132320200012920 to the complainants and necessary documents in this regard to the RTO for deletion of the hypothecation clause in the R C Book within 45 days from the date of this order.
OP Nos.1 & 2, who are jointly and severally liable, are further directed to pay a sum of Rs.20,000-/- by issuing an A/C payee cheque in the name of the complainants for mental agony, sufferings and harassment within 45 days from the date of this order.
OP No.1 & 2, who are jointly and severally liable, are further directed to pay a sum of Rs.5,000/- by issuing an A/C payee cheque in the name of the complainants towards litigation cost within 45 days from the date of this order.
Failing which the amount will carry interest @ 9% per annum on the awarded sum of Rs.20,000/- from the date of this order till full realization.
In case of default, the complainants are at liberty to execute this order through this Forum as per law.
In this case, it appears that an adjournment cost of Rs.4,000/- was imposed upon the OP Nos.1 & 2 vide order No.10 dated 18.11.2015 but the said adjournment cost has not yet been deposited by the OP Nos.1 & 2. So, OP Nos.1 & 2 are directed to deposit the adjournment cost of Rs.4,000/- in the Consumer Welfare Fund at once.
Let copies of this judgment be supplied to the parties free of cost.
-Member- -President-
