DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JHARSUGUDA

CONSUMER COMPLAINT CASE NO. 06 OF 2017

Ramesh Jaiswal ( 37 Years),

S/O: Late Pardeshi Jaiswal,

R/O: Gwalapada, PO: Lamtibahal,

PS: Brajrajnagar, Dist: Jharsuguda, Odisha.……….…….…………Complainant.

Versus

1. Branch Manager,

Magma Fincorp Ltd.,1^st Floor, Durga Complex,

PO: Industrial Estate Jharsuguda,

PS/Dist: Jharsuguda, Odisha- 768203.

2. Branch Manager,

Magma Fincorp Ltd.,1^st Floor, Balaji Mid Town,

Near Union Bank Regional Office, Back side of PNB ATM,

Deheripali, Sambalpur- 768004.

3. Manager,

Magma Fincorp Ltd.,101, Nirmala Plaza, A1,Forest Park,

Bhubaneswar-751 009, Odisha.

4. Managing Director/Chairman,

Magma Fincorp Limited,

Regd. Office: Magma House, 24, Park street,700 016,

Kolkata, West Bengal….....…………………...…..………….……..Opp. Parties.

Counsel for the Parties:-

For the Complainant                                  T. K. Singh, Adv. & Associates.

For the Opp. Parties                                 Sri A. K. Mishra, Adv. & Associates.

Present

Shri Sundarlal Behera, President,

                                                               Shri Santosh Kumar Ojha, Member,

  Smt. Anamika Nanda, Member(W).

Order dated 17.10.2017, Shri Santosh Kumar Ojha, Member :-

The brief facts of the complainant’s case is that, the complainant availed loan  from the O.Ps. vide loan account No.PG/0195/R/11/000059 and purchased one  truck  and cleared all its dues to the O.Ps. On dtd.28.05.2015 during the payment of full and final settlement amount the O.P.No.1 assured the complainant to issue NOC (No Objection Certificate) within 15 days but till date the complainant is yet to receive.  While asking about the NOC the O.ps. said that there is pending of another loan account in the name of complainant with Badbil address but the complainant has never went to Badbil nor resided there.  The O.ps. are trying to recover the loan amount of other defaulter who has the same name of complainant from the complainant and demanding more outstanding dues and not issuing NOC.  By non-availability of NOC the complainant is not able to sell the vehicle to any one and also he has been declared defaulter by the O.Ps. and his name has been included in the CIBIL as such the complainant lost his reputation in the Bank.  The complainant filed this case for proper relief. 

The O.Ps. appeared through their counsel after being noticed, filed their written version and submitted that the complainant is a defaulter in making payments of installments. The O.Ps. further submitted that the complainant has overdue delay of 128 days in making payment of installments and Rs.40,526/- only was pending towards overdue charges. The complainant never approaches for NOC and directly approached before this Hon’ble forum.  On receipt of copy of complaint petition from this Hon’ble Forum the O.Ps approached their higher authorities to wave the overdue charges of complainant and thereafter the higher authorities wave the entire overdue charges and suggested to issue NOC and as such the O.Ps. have generated on dtd. 22.03.2017 and filed in this Hon’ble Forum.  The O.Ps. prayed for closure of the case as complied.

The matter is heard and perused the case record along with materials available. It is not disputed that the complainant was offered for onetime settlement of the loan account for Rs.1,75,000/- only and the complainant has rightly paid the said amount on dtd. 28.05.2015 rather it is disputed that after settlement of loan account the O.Ps. generated overdues amount of Rs.44,526/- only.  But after filing of this case the O.Ps. also generated NOC in favour of the complainant on dtd. 22.03.2017 alongwith Form-35 which is said to be filed by the O.Ps. but it is failed to do so. In the other hand the “NORMAL TERMINATION REPORT (FINAL)” filed by the O.Ps. dated 25.08.2017, in the head of “Party Status” it is mentioned as “TERMINATED” but it is very astonished that in the said report there is mentioned in the head of “Net Receivable Amount” as Rs.44,701/- only. The loan account of the complainant has been terminated since May’ 2015 but the O.Ps have kept the NOC till date.  In such circumstance without having NOC the complainant was not able to sell out the vehicle to any one and finding no other way, the complainant knocked the door of this Hon’ble forum for relief.

Once a loan account is terminated and closed, demanding of any other dues from the borrower and not issuing of No Objection Certificate (NOC)  are bad in the eye of law which exactly happens in the present case. Such activities of the O.Ps are found to be commitment of unfair trade practice and deficiency in service towards complainant.

Hence the case of complainant is hereby allowed with following reliefs in form of order:      

ORDER

1. The O.Ps .i.e. Magma Fincorp Ltd.(as mentioned in the written version) is /are hereby directed to issue No Objection Certificate (NOC) in favour of the complainant, if any.
2. The O.Ps. i.e. Magma Fincorp Ltd.(as mentioned in the written version) is /are hereby further directed to wave out the outstanding dues on the complainant, if any.
3. The O.Ps. i.e. Magma Fincorp Ltd.(as mentioned in the written version) is /are hereby further directed to pay a sum of Rs.1,00,000/- ( Rupees one lakh) only to the complainant towards harassment, mental agony including cost of the case.
4. All the above mentioned orders are to be carried out within 30(thirty) days from the date of receipt of this order, failing which the O.Ps. shall be liable for interest @ 10% per annum on the above mentioned awarded amount till its realization.

      Accordingly the present complaint case is disposed of.

Order pronounced in the open court today the 17^th day of October’ 2017. Free copy of this order shall be supplied to the parties as per rule. 

          I Agree.                           I Agree.                                                                                             

 A.Nanda, Member(W)         S. L. Behera, President.             S.K.Ojha, Member           

Dictated and corrected by me

         S.K.Ojha, Member