IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
Case no. CC/122/2016
Date of filing: 12-08-2016 Date of disposal: 21-11-2017
Complainant - Sri Amitava Maitra, S/O Sri Durga Prasad Maita, 30, Pilkhana Road, Ranibagan,
District – Murshidabad, Pin Code – 742161.
VS.
Opposite Parties – 1) Branch Manager,
Cholamandalam Investment and Finance Co. Ltd.,
Dare House, 1st floor,, 2 – NSC Road,, Chennai – 600001.
2) Branch Manager,
Cholamandalam Investment and Finance Co. Ltd.,
Berhampore Branch, 1/5, K. K. Banerjee Road, 2nd floor,
Po + PS – Berhampore, Pin Code – 742101.
Present : Sri Anupam Bhattacharyya - President
Sri Manas Kumar Mukherjee – Member
FINAL ORDER
Sri Manas Kumar Mukherjee, Member.
This case has been filed by the complainant U/S 12 of C P Act’1986, praying for issuance of ‘NOC’, alongwith, payment of compensation.
The case of the complainant, in brief, is that, the complainant had taken a loan of Rs. 8 lacs, on 01/ 01/ 2013, from the OP (s), which was supposed to be repaid, in 32 installments. The OP(s) took some post dated cheques, from the complainant, at the time of granting the loan. The complainant, alleged that, he had requested the OP (s), to present his post dated cheques, on and from 18th to 25th of every month, towards, payment of EMI. He further alleged, that though the OP (s) agreed to his proposal, verbally, they presented those post dated cheques, during 1st week, of each month, as a result, some of his cheques, were dishonored, by his banker. Subsequently, as stated by the complainant, he started, paying, rest of his EMI (s), in cash. He further stated that the OP (s) have not given any ‘Welcome letter’, to him, in regard to his loan, taken.
Thereafter, he received a letter, dated 8/10/2014, from the OP (s), wherein an amount of Rs. 1, 29,013/-, was shown, outstanding, against him. Subsequently, the complainant, received, 4, more such letters, dated 10/03/2015, 27/03/2015, 02/05/2015 and 01/08/2015, respectively, from the OP (s), showing, different amounts, as his outstanding amount, payable, on different dates. On receipt of such letters, he approached the Branch Manager (O P no. 2) to ascertain the reasons of sending such letters, time and again and as stated by the complainant, every time, the Branch Manager, assured him to ignore such letters, as it pertains to their routine process.
During November, 2015, the cashier of the OP (2), informed, him, that the payment of installments, by the complainant, was completed. Moreover, he informed to the complainant, that the complainant had paid, Rs. 500/-, extra.
As stated by the complainant, on 06/05/2015, the OP (s,) seized his vehicle, at Farrakka, without, issuing any notice to him. He contacted OP no.2, forthwith, to know the reason of the seizure and he was advised by the OP-2, to meet him, at his office. On meeting him, the complainant, was asked to deposit an amount of Rs. 30,000/- only to obtain ‘NOC’, against his loan, taken. Subsequently, the complainant deposited the amount and he signed some documents, for releasing his vehicle and to obtain the document, regarding F&F settlement of his loan, taken. OP-2 informed the complainant, that the complainant would be called by the OP-2, within 25 days, for issuance of his ‘NOC’. The complainant stated that he is yet to receive the same. Lastly, he issued a letter, under ‘Speed post’, regarding the same, which was refused by the OP (s), from accepting. He was again called by the executives of the OP (s), who reminded him, that he was having some more dues, to be repaid and for that he was required to meet the OP – 2, once again.
Due to such activities of the OP (s), the complainant has stated to have suffered a lot, alongwith, suffering from physical and mental agony.
Hence, the instant complaint has been lodged before this Forum.
The OP (s), through their WV, denied all the allegations, made by the complainant and stated that the case is not maintainable, in this Forum, as the complainant is not a Consumer’, alongwith some other reasons.
The OP (s), entered into an agreement with the complainant being agreement no. XVFPBER00000885220 dated 01. 01. 2013, through which the complainant was given a loan of Rs. 8 lacs, for purchase of a vehicle, upon certain terms and conditions, contained in the agreement, the loan being repayable in 32 EMI (s) of Rs. 29,725/- each, payable, within 1st day of each month, the fixed last date of payment, being 01. 08. 2015.
The OP (s), denied all the allegations, made by the complainant.
The OP (s), further stated that, after the expiry of the post dated cheques, the complainant, informed that he would be paying the rest of the installments, in cash and he would be calling, OP (s)’s agent, for collection of the same. At the time of such collection, the collecting agents informed the complainant, that the agents would be depositing the installments, to the OP (s), after, deducting the service charge, payable for such services, as per company norms, but the complainant ignored the fact.
The OP (s) further denied the fact that complainant’s vehicle was seized, without any information to him. On the contrary, they stated that they had sent, repeated notices to the complainant and his guarantor, for paying overdue charges, or else they would be initiating appropriate legal action.
They further alleged, that due to nonpayment of dues, when the complainant met OP-2, at their office, he requested OP-2, to release his vehicle and he was ready to pay an amount of Rs. 30,000/- only, as that was only amount, the complainant, was having, at that particular point of time. The complainant further assured the OP (s), to pay rest of the payable amount, within a short period of time. On the basis of the assurance, given by the complainant, the OP (s), released his vehicle.
The OP (s), have further stated, that the complainant, did not keep his promise. Hence, the OP (s) again called the complainant, to pay his outstanding dues. This time, the complainant came to the office of the OP-2, with many antisocial elements and demanded for issuance of ‘NOC’. But as stated by the OP (s), they declined to issue the same as per their company norms. The OP (s) submitted a copy of the loan agreement, applicable for financing vehicles and the account statement, pertaining to the case of the complainant, to this Forum, at the time of the argument.
Upon pleading of advocates, of both the parties, the following points have been raised, for disposal of the complaint.
It is evident from the contents of the account statement, submitted by the OP (s), that the complainant has paid all of the installments, payable by him, to the OP (s). It has also been observed, that, due to nonpayment of EMI (s), by the complainant, in time and further, as stated by the OP (s), as the complainant, used to submit, later part of EMI (s), payable, through collection agents of the OP (s), as well as for dishonoring of cheques, some amount, has accrued, which still remains, outstanding, to be paid by the complainant to the OP (s).
Points to be considered
- Whether the complainant is entitled to get relief, as prayed for.
Decision with reasons
To prove the case, the complainant, has filed evidence – in –chief, alongwith requisite documents, in support of his complaint. The OP (s), have also submitted WV (common), account statement and copy of loan agreement, in support of their submission.
It is observed, that the complainant has cleared, all of his EMI (s), payable to the OP (s), although some amountstill remains to be paidby him, to the OP (s), which is evident from the contents of the account statement, submitted by the OP (s), to this Forum. This Forum is of the opinion, the complainant is entitled to get his ‘NOC’, in regard to the loan taken by him, although he needs to pay some amount to the OP (s), due to his activities, regarding, repayment of his loan taken. We are of the opinion of applying the principle of convenience and inconvenience to settle the matter.
Hence,
ORDERED
that the Consumer Complaint no. 122/2016, is hereby allowed in part, instructing the OP (s) to issue and handover the ‘NOC’, applicable for full final settlement ofloan, taken by the complainant from the OP (s), to the complainant, within 30 days,from the date of receipt of this order,after accepting a consolidated amount of Rs. 30,000/-, from the complainant,as a consolidated charge,towards full and final settlement of all of the outstanding amount, pertaining to the loan taken by the complainant, from the OP (s), in default, the OP (s) will have to pay a fine of Rs. 50/- per day’s delay and the amount, so accumulated shall be deposited to the Consumer Legal Aid account. The complainant is also instructed to pay a consolidated amount of Rs. 30,000/- to the OP (s), within 14 days from the date of receipt of this order, to enable them for processing his ‘NOC’,within the remaining period of 30 days, as stipulated in this order.
Let a copy of this order be made available and be supplied free of cost to each of the parties, on contest, by hand, under proper acknowledgement / be sent, forthwith, under ordinary post, to the concerned parties, as per rules, for information and necessary action.
(MEMBER) (PRESIDENT)
