DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                C.C.NO.48 OF 2017

Present: Sri Rabindranath Mishra            - President.

                 Miss Sudhiralaxmi Pattanaik   -  Member .

Sri Lingaraj Digal- aged 34 years.

S/O: Dasu Digal Village- Kambaguda

PO:Rasimendi PS: Sadar Dist- Kandhamal.                                   ……………………….. Complainant.

                                Versus.

1. Branch Manager, Consumer Finance Division

Indusinal Bank AT: Nayagarh( Near Sakuntala Petrol Pump)

PO/PS: Nayagarh.Dist: Nayagarh.                                       

2. Sarbeswar Nayak( Agent)

S/O: Unknown

At/PO/PS: Nayagarh Dist: Nayagarh.                                       …………………………….. OPP. Parties.

For the Complainant: Self.

For the OPP. Parties: None.

Date of Order: 26-02-2018

                                                                                O R D E R

                                The case of the Complainant in brief is that he had purchased an Auto on finance from the O.P No.1 on 03-04-2015. The loan amount was Rs. 100.000/- . He had deposited the installments regularly. He had clear up the entire loan amount by depositing Rs. 103000/- in one time settlement as per advice of the O.Ps but on demand the O.Ps failed to give “No Objection” Certificate for which he has filed this complaint against the O.Ps .

                                The O.Ps were set exparte as they failed to attend this Forum in spite of getting registered notice from this Forum. The A.D cards are also returned back after due service.

                                We have heard the Complainant. Perused the Complaint petition and the documents filed by him in support of his case. On verification of the statement of account it is seen that the outstanding loan amount was Rs. 37,041.47 ps on 30-09-2017. It is also seen from the statement of account that the Complainant had deposited Rs. 103000/- on 12-04-2016. If the Complainant had

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deposited a lumps sum amount on 12-04-2016 as per provision of one time settlement, the loan account should have been closed on the said date. There is no bonafide reason why the loan amount is still outstanding against the Complainant even after one time settlement as per proposal given by the O.Ps. The O.Ps are not interested to contest the case the reason best known to them. The action of the Opp. Parties amounts to deficiency in service and negligence in duty. Hence, the complaint filed by the Complainant is allowed in part exparte against OPP. Parties as per principles of natural justice.

                                Accordingly the O.P No.1 is directed to close the loan since the date of 12-04-2016 as per the procedure of one time settlement and issue loan clearance certificate or the NOC to the Complainant within 30 days from the date of receipt of this order otherwise the Complainant shall be entitled to get compensation of Rs. 5,000/- from the O.P No.1, towards mental agony and financial loss.

                                With the above direction the C.C is disposed of. Supply free copy of this order to both the parties at an early date.

                                                                MEMBER                                                             PRESIDENT