Sri S.K.Sahoo,President.
The complainant has filed this case against all the opp.parties U/s. 12 of C.P.Act,1986 . Notices were issued to opp.party No.2 & 3 through Regd. Post with A.D and opp.party No.1 in person. In pursuance of such notice the Learned Counsel for all the opp.parties Mr. Panda appeared before this authority on 26.12.2013 and filed a petition for time to show cause. The Learned Counsel for the opp.parties took time till 29.11.2021 but failed to file show cause , for which the case was posted to 07.12.2021 for hearing. Non of the parties lead evidence.
2. The case of the complainant is that that he has purchased a truck by availing loan from the opp.parties. The vehicle purchased was allotted with Regd. No. OR-05-AB-8321 . The said vehicle was purchased by the complainant for earning his livelihood and maintain his family. The loan amount of Rs. 11,61,000.00 was disbursed by the opp.parties in favour of the complainant. He has to repay the principal amount along with interest amounting to Rs. 14,16,440.00 in toto, in 40 monthly instalments. The complainant repaid the total amount to the opp.parties. At last the complainant came to know that cunningly the opp.parties took an amount of Rs. 14,87,560.00 instead of Rs. 14,16,440.00 . Although the opp.parties took more than the amount due from the complainant, no NDC/NOC was issued in favour of him inspite of his repeated approach . As no NDC/NOC was granted in favour of the complainant by the opp.parties, the complainant could not able to sale the vehicle in appropriate value. Hence in this case the complainant has prayed for grant of NOC/NDC in his favour, return the excess amount of Rs. 71,120.00 , compensation of Rs. 2,00,000.00 for loss , damage, mental , harassment suffered by him and an amount of Rs. 10,000.00 towards litigation cost.
3. Admittedly within a period of about 7 years the opp.parties failed to file show cause. No evidence was also led by the opp.parties. However the complaint petition filed by the complainant is supported with an affidavit.
4. In his complaint petition the complainant has mentioned that availing loan/finance from the opp.parties he had purchased a truck for earning his livelihood and to maintain his family. At paragraph-2 of his complaint petition he has also mentioned that he has to re-pay an amount of Rs. 14,16,440.00 in 40 monthly instalments and at paragraph-3 he has also mentioned that he has repaid the loan amount in time. It is clear from paragraph-4 of the complaint petition that instead of taking Rs. 14,16,440.00 the opp.parties took an amount of Rs.14,87,560.00 from the complainant cunningly. The documents filed by the complainant supports his claim . It is clear from the materials on record that the complainant has paid an amount of Rs. 14,87,560.00 to the opp.parties instead of receiving an amount of Rs.14,16,440.00 but has not issued NOC/N DC in favour of the complainant. It is also clear that due to such in action of the opp.parties the complainant suffered damage, loss, mental agony and harassment. The complainant successfully proved his case against all the opp.parties.
5. Hence the order :-
: O R D E R :
The case be and same is allowed partly on contest against all the opp.parties. The opp.parties are directed to grant NOC/NDC in favour of the complainant relating to the vehicle bearing Regd. No. OR-05-AB-8321 and to return an amount of Rs. 71,120.00 (Rupees Seventy-one Thousand One Hundred Twenty) only to the complainant. The opp.parties are further directed to pay an amount of Rs. 50,000.00 (Rupees Fifty Thousand) to the complainant towards mental agony and harassment along with an amount of Rs.10,00.00 (Rupees Ten Thousand) towards litigation cost.
The opp.parties are further directed to pay interest @ 9% per annum on the ordered amount to the complainant since date of filing of the case i.e 25.11.2013, within a period of one month from the date of receipt of this order, failing which they are liable to pay interest @15% per annum.
