1. The case of the complainant in brief is that he had filed this case against the O.Ps for a direction to provide no objection certificate in favour of him alongwith compensation.
2. The complainant availed a loan Rs.2,86,00/- from the O.P. company by executing an agreement through his authorized agent for purchaseof four wheeler .The complainant agreed to repay the loan on46 monthly installment at the rate of Rs.8,825/- per month commencing from 10.12.2011 up to the end of August, 2015.Thecomplainant deposited Rs.50,636/- towards down payment of the said loan. The O.P. also received Rs.8,830/- toward processing fees of loan at the timeof sanction the loan. The complainant purchased a fourwheeler vehicle bearing Regd. No. OR-27-2989 TATA, ACE.The complainant repaid all his installment by August, 2015.The O.P. issued a notices for payment of Rs.14,852/- for repayment ofoverdue. The complainant while asked for NOC the O.P said over dues waspending againsthim. The complainant has deposited installment alongwith with overduecharges Rs.4,77,813/-in total.Thought thecomplainant approached the O.P.for providing no objection certificate and as the O.P, failed to provide the same which forced him to come to this forumfora direction to give no objection certificate alongwith compensation.
3. After being noticed the O.P. appeared and filed written statement in thiscase .The case of the O.P. is that the case is not maintainable against him underlaw and facts. The complainant is a defaulter and quitevexatious assuch the case is dismissed with cost. The complainant had not paid the entire amount for which NOC cannotbe generated.The dispute is not maintainable under law against the O.Ps hence the claim is dismissed with cost.
4. The complainant filed documents relating to payment for his installment dues through chequeand cash.The O.P has granted receipt infavour of him. The complainant also made some payment through cheque and the pass book filed by him showing the payment before the O.P.The O.P. also filed the loan account statement which shows the payment of his installment .The over dues charge imposed upon the complainant is quite illegal when the payment of his installment dues as regular installment.
Taking into consideration case of the complaint anddocuments submitted by them, the we allow the case of the complainant in part anddirect the O.Ps not to claim any over dues against him and issue NOC in favour of the complainant within one month from the date of this order , failing which the complainant is at liberty to take steps against the O.P. This case is disposed of accordingly.
Order pronounced in the open court under the seal and signature of the forum this the 25th day of November, 2016.
Member, President,
District Consumer Forum, Boudh District Consumer Forum, Boudh..