OFFICE OF THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, ANGUL
PRESENT:- SRI DURGA CHARAN MISHRA.
PRESIDENT
A N D
Smt.Sunanda Mallick &Sri K.K.Mohanty,
MEMBERS .
Consumer Complaint No. 36 of 2012
Date of Filling : -10.04.2012.
Date of Order :- 26.07.2019.
Satyananda Garnayak,S/O.Indramani Garnayak,
Vill.Kulai,P.O.Gaham,P.S.Samal Barrage,
Talcher, Dist.Angul.
__________________________________________Complainant.
Vrs.
01. Branch Manager,M/S.Magma Fin.Corp.Ltd,
At-Hanuman Bazar (In front of Subhra Tower),
N.H-55, P.O/P.S/Dist.-Angul
02. DivisionalManager, M/S.Magma Fin.Corp.Ltd,
At- Nirmal Plaza,1st Floor,Forest Park,
Bhubaneswar- 9, Dist.Khurda.
03. Head Office, M/S.Magma Fin.Corp.Ltd,
At-24 Park Street,Kolkata- 7000016.
_____________________________________________Opp. parties.
For the complainant :- Sri Md.Azad & associates (Advs.)
For the opp.parties :- Sri P.Mishra & associates (Advs.)
: J U D G E M E N T :
Sri D.C.Mishra,President.
The complainant has filed this case with prayer to direct the opp.parties to issue/provide N.O.C/N.D.C of the Vehicle No. OR-19G-5425(Maruti Alto) in favour of the complainant, Rs. 1,00,000.00 towards loss, mental agony and harassment and Rs. 5,000.00 towards cost of litigation.
2. The complainant’s case runs thus :-
That, after receiving Rs.1,15,000.00 approximately from the complainant as down payment and some post dated cheques, the opp.parties disbursed loan of Rs.2,00,000.00 for purchase of Maruti Alto Car No. Or-19G-5425 and the loan as well as interest of Rs. 40,000.00 i..e to tal Rs. 2,40,000.00 was to be repaid in EMIs commencing from July,2005 to May, 2010. It is pleaded that the complainant has already repaid the loan dues along with interest by repaying total amount of Rs.2,80,750.00 only. It is further averred that though the complainant has paid Rs. 2,80,000.00 against contract amount of Rs. 2,40,000.00 but the opp.parties did not give the N.O.C and harassed him. The complainant time and again approached and requested the opp.parties to give the NOC and the post dated cheques submitted by him but the opp.parties demanded Rs. 12,300.00 with threaten to sale his vehicle. So the complainant has come to this forum for justice.
3. The opp.parties have contested the case by filing written version with prayer to dismiss the complaint petition with cost on the grounds that it is false frivolous and without having any merit.
4. On perusal of the records it is found that the opp.parties have already received Rs.,280,000.00 against contract amount of Rs. 2,40,000.00 .The complainant has filed written argument stating that though he had prayed many things in the complaint petition but now he is willing to receive the NOC only without any further claim. He has also prayed to wave out the arrear miscellaneous charges if any demanded by the opp.parties. The opp.parties counsel has received the said written argument of the complainant without any objection.
This is a very old case of the year 2012 and the complainant has suffered a lot due to want of NOC . In the above situation this forum is driven to irresistible conclusion that the ends of justice can be met by directing the opp.parties to handover the NOC/NDC of Car No. Or-19G-5425 to the complainant without any further demand or claim. Hence the order :-
: O R D E R :
The case is disposed of on contest. The opp.parties are directed to issue NOC/NDC of Maruti Alto Car No. OR-19G-5425 to the complainant within 30 days of getting this order. The opp.parties cannot demand anything more to the complainant.
Judgement delivered in the open forum
today the 26th July,2019 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/-
(Smt.S.Mallick),
Sd/- Member.
(Sri K.K.Mohanty )
Member.
