OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT: - SRI DURGA CHARANA MISHRA.
PRESIDENT
A N D
SRI K.K.MOHANTY & MRS. S. MALLICK,
MEMBERS
Consumer Complaint No.57 of 2014
Date of Filling: -17.07.2014.
Date of Order : 30.04.2018.
Sanjit Kumar Mishra, S/O- Durga Charan Mishra,
Residence of Debrapalli,P.O-Luhamunda,P.S-Handapa,
At present residing at-Amalapada,Angul Town,
P.O/P.S/Dist.-Angul _________________________ Complainant
Vrs.
- Branch Manager, MAGMA Finance Corp. Ltd.,
At-NH-55,Hanuman Bazar(In front of Subhra Tower),
P.O/P.S/Dist.Angul.
- Regional manager/Legal Executive,
MAGMA Fincorp Finance Ltd.,
At-K-2,Nirmal Plaza,1st floor, Forest Park,
Bhubaneswar-09,Dist-Khurda. _________________________Opp.parties
For the complainant : - Sri Md.Azad & associates (Advs).
For the opp.parties :- Sri M.Panda & associates (Advs ).
: O R D E R:
Sri .D.C.Mishra, President.
The complainant has filed this case with prayer to direct the opp.parties to issue no dues certificate, N.O.C of vehicle No. OR-19J- 4144 to the complainant along with damage charges and cost of litigation.
2. Briefly stated the petitioner’s case runs thus :-
That, he had purchased TATA Indigo ecs Car No. OR-19J-4144 by taking loan of Rs.3,18,000.00 only from the opp.parties which was to be repaid in 48 monthly installments along with interest. According to the petitioner he has successfully repaid the entire loan dues including interest to the opp.parties by 20.4.2014 and after full repayment opp.party No.1 assured him to send the NOC by post but in vain . The complainant several times approached the opp.parties to get NOC but instead of issuing NOC the opp.parties demanded Rs.1200.00 as arrear charges and Rs.50,000.00 as other charges. The petitioner approached the opp.parties to deposit Rs.1,200.00 towards settlement amount but the opp.parties refused to issue NOC infavour of the complainant. Without the NOC the petitioner is unable to sale or exchange the car and facing lot of difficulties as wel as loss. Therefore, the petitioner has filed this case seeking the reliefs as stated in Para- 1 above.
3. The opp.parties have contested the case by filing joint written version disputing all the averments of the petitioner with prayer for dismissal of the case as not maintainable with costs. According to the opp.parties since arbitration award has been made in this regard on 20.3.2013 i.e much prior to filing of this case, It is not maintainable .The opp.parties have specifically averred that as the complainant was not regular in paying the EMIs, extra charges / penalty has been debited on him.
4. In view of the rival pleadings of the parties the following issues arise ,for consideration :-
Issues :-
- Whether there is any cause of action to file the case, the case is maintainable or not and there is consumer and service provider relationship between the parties ?
- To what reliefs the parties are entitled to ?
Issue No.(i):- Since the petitioner had taken a loan from the opp.parties to purchase a car for earning his livelihood, there is consumer and service provider relationship between the parties and the case is maintainable.
After repayment of the loan dues, when the opp. parties refused to issue no dues certificate or NOC, there is cause of action to file this case.
Issue No.(ii):- Though the opp.parties have mentioned about arbitration award dtd. 20.3.2013 and money execution case No. 119/2013 but they have not substantiated this fact by any cogent evidence or by filing the document. So this claim of this opp.parties cannot be accepted.
According to the opp.parties, the complainant has not cleared his loan accounts and asking for NOC for which it could not be issued. In the written version the opp.parties have mentioned that the loan amount was Rs, 3,18,00.00.00 and the agreed interest was Rs. 1,07,680.00 . Thus the total amount to be repaid by the petitioner is Rs. 4,25,680.00 . This fact has been admitted by the opp.parties in their written version. The petitioner claims that he has already repaid the loan dues and he was willing to deposit the settlement amount of Rs. 1,200.00 only. The complainant has furnished the extract of the party ledger as on 8.4.2013 as (Annexure-1) .The summery of total dues reflected on Annexure- 1 reveals that a sum of Rs. 2229.31 was dues on the complainant for payment. Therefore the complainant should pay Rs. 2229.31=2230.00 to the opp.parties for getting the NOC and No dues certificate. Hence the order:-
: O R D E R :
The case is disposed of on contest. The complainant is directed to deposit Rs. 2230.00 (Rupees Two Thousand Two Hundred Thirty) only with the opp.parties within two months of this order and the opp.parties shall receive it and issue receipt. After receiving the aforesaid amount by cash or by A/C. payee draft , the opp.parties shall issue the No dues certificate and the NOC in respect of indigo ecs car No. OR-19J-4144 immediately i.e within 15 (Fifteen) days of receiving the cash .
Order delivered in the open forum today the 30th April, 2018 with hand and seal of this Forum.
Typed to my dictation
and corrected by me Sd/-
(Sri D.C.Mishra)
Sd/- President.
(Sri D.C.Mishra)
President.
Sd/- Sd/-
(Sri K.K.Mohanty) (Mrs. S. Mallick)
Member. Member.
