C.C. No.142/2020

Dipa Sarkar,

W/o. Late Rabindra Sarkar,

At- Lokanath Colony,

P.O./P.S.- Paradeep, Dist.- Jagatsinghpur,

A/p- Danagadi (Trijanga Colony),

P.S.- Jajpur Road,

Dist.- Jajpur...…….Complainant

                  (Versus)

1. Branch Manager, HDFC Bank Ltd.,

Hotel Parasar Building,

At/- Atharabanki,

P.O.- Paradeep,

Dist.- Jagatsinghpur.

2. Managing Director, HDFC Bank Ltd.,

Regd. Office at HDFC Bank House,

Senapati Bapat Marg,

Lower Parel (West)

Mumbai- 400013.

3. Branch Manager, HDFC Bank Ltd.,

At- A/62/1, Unit 8, Nayapalli,

Bhubaneswar- 751012.

4. R.T.O., Chandikhol,

Chandikhol Chhack,

Khosalapur, Odisha- 755044. …..… Opposite parties

For Complainant………..Mr. P.K. Jena & Associates

For O.P. No.1 to 3………..Mr. M.K. Panda & Associates

ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                    JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties No.1 to 3 to pay compensation of Rs.2,70,000/- and to provide the no due certificate/NOC of the vehicle bearing Regd. No.OD-04-K-3639 and direct the opposite party No.4  not to register the vehicle in name others except the legal heir of the owner”.

            The brief fact of the case is that, the complainant’s husband Rabindra Sarkar availed one loan from the opposite parties No.1 to 3 for purchase one vehicle to start his business in order to get his livelihood. On 17.10.2020 the husband of the complainant died in heart attack leaving behind the complainant (wife) and one male child aged about 8 years as his legal heir with his old parents.  The complainant was in urgent need to money to repay the hand loans and decided to sell the vehicle and there after that complainant asked for the NOC but on the demanded one account statement of the loan account vide No.82722996 and it shows that the loan has been closed and there is no outstanding against the loan account and even after repeated demand no NOC has been issued to her, for that the complainant still waiting for NOC.

            The opposite parties No.1 to 3 appeared and filed written version stating as under;

             The case is only made for issuance of NOC and the opposite party Bank is ready to issue NOC to the legal heir with due procedure.

            However, taking a lenient view we dispose of the consumer complaint directing the complainant to submit all required documents before the opposite parties for NOC it so desired and in case it is submitted within 02 months from the date of passing of the order then the opposite parties shall give NOC to the complainant within 45 days thereafter. With the aforesaid observation and direction the consumer complaint is disposed of. No cost.

            Pronounced in the open Commission on this 7^th June,2024.