Orissa

Malkangiri

CC/49/2020

Sujit Ray - Complainant(s)

Versus

Branch Manager, M/s IndusInd Bank Ltd., - Opp.Party(s)

Self

18 Feb 2021

ORDER

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Complaint Case No. CC/49/2020
( Date of Filing : 03 Jul 2020 )
 
1. Sujit Ray
aged about 35 years, S/o Rabi Ray, At. Janbai, PO. Bailigumma, PS. Chitrakonda, Dist. Malkangiri.
...........Complainant(s)
Versus
1. Branch Manager, M/s IndusInd Bank Ltd.,
M.G. Road, Near Siridi Sai Temple, Jeypore - 764001, Dist. Koraput.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. Sabita Samantray PRESIDING MEMBER
 HON'BLE MR. Rajesh Chodhuri MEMBER
 
PRESENT:
 
Dated : 18 Feb 2021
Final Order / Judgement

 

  1. The fact of the case of complainant is that for earning his livelihood by means of self employment, he availed finance of Rs. 5,00,000/- to purchase one Bolero Pick Up vehicle whose on road price is of Rs. 5,95,157/- and paid margin money of Rs. 95,157/- and registered vide Regd. No. OD-10-D-6902.  It is alleged that though he cleared all his installment dues from 22.12.2015 to 03.02.2020, the O.P. has not issued the NOC against the alleged vehicle and repeated approaches made in this regard got in vein, thus showing deficiency in service on the part of O.P., he filed this case with a prayer to direct the O.P. to issue NOC and pay to Rs. 50,000/- and Rs. 10,000/- towards compensation and costs of litigation.
     
  2. Though the O.P. appeared in this case but did not choose to file their counter version inspite of ample opportunities given to them.  However, at the time of hearing, the A/R for O.P. submitted that due to COVID – 19 problem, the NOC could not handed over to the complainant in time and handed over the NOC against the alleged vehicle to the complainant and the complainant properly acknowledged the same.  
     
  3. In the instant case, it is a fact that the complainant has availed the finance from the O.P. and also have cleared all the finance dues as on 03.02.2020.  The allegations of complainant is that though he has cleared all the dues, the O.P. did not issue the NOC, whereas the contentions of O.P. is that only due to the COVID – 19 problem, they could not handed over the NOC in time.  From the submission of the parties, it is ascertained that the complainant has cleared all of his finance dues as on 03.02.2020 and in our view, the O.P. was suppose to issue the NOC against the alleged vehicle with immediate effect.  Whereas the COVID -19 problem arose in the last part of the March 2020, so the O.P. had sufficient time to issue the NOC, but the O.P. has neither filed their counter version nor has submitted that what cause them to make delay to issue NOC for about one and half month from the date of clearance all the finance dues, whereas the Central Govt. as well as the State Govt. suggested and instructed for online working, but the O.P. has never followed the rules implemented, only lingers the matter, which attracts deficiency in service on the part of O.P.And without any sufficient grounds or any genuine evidence, the plea of O.P. cannot be believable at this evidence. Hence the allegations of complainant remained unchallenged and unrebuttal. In this connection, we have fortified with the verdicts of Hon’ble National Commission in the case between Urban Improvement Trust, Bikaner, Rajasthan Vrs Babu Lal and Another wherein Hon’ble National Commission has held that “Unrebutted averments shall be deemed to be admitted.”
     
  4. We feel complainant must have suffered mental agony only due to the non issue of NOC against the alleged vehicle and also suffers from physical harassment, which compelled the complainant to seek redress before the Forum incurring some expenses.  Hence in our view, complainant deserves to be compensation with adequate compensation for his suffering and costs and we feel Rs. 5,000/- towards compensation and Rs. 2,000/- towards costs of litigation will meet the end of justice.  Hence this order.

                                                                                                         PRAYER

        Considering the above finding and discussion, the complainant is allowed in part.  The O.P. is herewith directed to pay Rs. 5,000/- towards compensation for causing mental agony and physical harassment and Rs. 2,000/- towards costs of litigation to the complainant within one month from the date of receipt of this order, failing which the compensation amount shall carry interest @ 10% p.a. from the date of this order till payment.

        Pronounced in the open Forum on this the 18th day of February, 2021.

 

        Issue free copy to the parties concerned.

 
 
[HON'BLE MRS. Sabita Samantray]
PRESIDING MEMBER
 
 
[HON'BLE MR. Rajesh Chodhuri]
MEMBER
 

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