West Bengal

Paschim Midnapore

CC/146/2017

Goutam Dutta - Complainant(s)

Versus

Branch Manager, Shriram Transport Finance Co.Ltd. - Opp.Party(s)

13 Feb 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

PASCHIM MEDINIPUR.

                             

     Bibekananda Pramanik, President,

     Pulak Kumar Singha, Member. 

and 

Sagarika Sarkar, Member.

 

Complaint Case No.146/2017

 

Goutam Dutta, S/o-Aditya Prasad Dutta, Vill.-Amdangra,

P.O.-Sabrakone & P.S.-Taldangra,  District - Bankura, Pin-722149

                                                                                                                    ………..……Complainant.

                                                                              Vs.

Branch Manager, Sri Ram Transport Fin. Co. Ltd., Kharagpur Branch,

Suchana Building-2, Kamala Cabin, O.T. Road, Inda,

P.S.-Kharagpur(T), Dist-Paschim Medinipur.

                                                                                                 .....……….….Opp. Party.                                                    

              For the Complainant: Mr.  Nisith Singha Mahapatra, Advocate.

              For the O.P.               : Mr. Subrata Bikash Das, Advocate.

 

                                                           Date of filing : - 15/09/2017.

Decided on: - 13/02/2018

                               

ORDER

                          Bibekananda Pramanik, President –This consumer complaint u/s 12 of the C.P. Act has been filed by the complainant Sri Goutam Dutta against the above named O.P., alleging deficiency in service on the part of the O.P.

              Complainant’s case, in brief, is as follows:-

               Complainant purchased a vehicle being registration no.WB-15A/6910 after taking loan from the O.P.-Finance Company vide loan agreement dated 08/10/2014. After payment of entire loan amount, complainant approached before the O.P.-Finance Company for getting No Dues Certificate. After waiting for a considerable period the

Contd…………………..P/2

 

( 2 )

 O.P.-Finance Company by sending a letter dated 24/02/2017 refused to issue No Dues Certificate on the ground that one Smt. Swati Mondal took loan for purchasing a vehicle under a loan agreement and since she became a habitual defaulter in repayment of the loan, so the complainant, being guarantor of the said loan, is liable to make payment of the outstanding dues of said Smt. Swati Mondal. It is stated that such letter dated 24/07/2017 is illegal as the loan amount in respect of the vehicle of the complainant has already been paid. It is further stated that the loan agreement of the complainant is not in any way related to the  loan agreement of  said Smt. Swati Mondal. It is alleged that such refusal of the O.P. in granting No Dues Certificate amounts to unfair trade practice. Hence the complainant praying for directing the O.P.-Finance Company to issue no dues certificate and for an order of compensation of Rs.75,000/- and Rs.25,000/- as cost of litigation.

O.P.-Finance Company has contested this case by filing a written version. Denying and disputing the case of the complainant, it  is the specific case of the O.P. that after the complainant made entire payment of loan  amount, the O.P. took steps for issuing No Dues Certificate in favour of the complainant but in course of such process it was detected that the complainant stood as guarantor  in another Loan cum Hypothecation Agreement dated 13/01/2016 in respect of another vehicle  no.WB-33A-4795 so  executed between one Smt. Swati Mondal and the O.P.-Finance Company.  It is stated that said Smt. Swati Mondal the borrower neglected to repay the loan amount and this complainant being guarantor cannot deny his liability. O.P.  requested the complainant to take effective steps for regularization of loan account of Smt. Swati Mondal but he failed to do so and therefore the letter dated 24/02/2017 is legal and valid and there has been no  unfair trade practice on the part of the O.P. O.P. therefore claimed dismissal of the complaint with cost.

To prove his case, the complainant has examined himself by tendering a written examination-in-chief supported by affidavit and during his examination on oath, a copy of statement of account has been marked as exhibit-1.

On the other hand O.P.-Finance Company has examined his employee Sri Subhrajit Roy as OPW-1by tendering a written examination-in-chief and during his examination, few documents were marked as exhibit A to C respectively.         

                                              Points for decision

1. Is the case maintainable in it’s present form and prayer?
2. Is the complainant a consumer under the O.P. ?
3. Is there any unfair trade practice on the part of the O.P. ?
4. Is the complainant entitled to get the reliefs as prayed for ?

                   Contd…………………..P/3                                                           

                                                              

                                                                         ( 3 )

 

                                                         Decision with reasons

           Point no.1.

 Maintainability of this case has not been questioned at the time of final hearing of this case. We also do not find anything adverse regarding maintainability of this case.

This point is accordingly answered in the affirmative and in favour of the complainant.  

           Point no.2:- 

                  Admittedly the complainant borrowed loan under a loan agreement from the O.P. for purchasing his vehicle. Therefore the complainant is definitely a consumer of the O.P.

                             This point is decided accordingly in favour of the complainant.

            Point no.3:- 

                  From the respective pleading of the parties and the evidence in record we find that admittedly the complainant has paid up his entire loan amount to the O.P.-Finance Company.  Admittedly after such repayment the complainant requested the O.P. to grant him No Dues Certificate and the O.P.-Finance Company by sending a letter dated 24/02/2017 refused to grant No Dues Certificate on the ground that the complainant being a guarantor, of another loan transaction executed by one Smt. Swati Mondal and the O.P., failed and neglected to discharge  his liability in regularizing the said loan account of Smt. Swati Mondal. Now the question arises as to where the said ground of refusal is justified or not. Said loan agreement of Smt. Swati Mondal and the O.P. is no way connected with the present loan agreement of the complainant and the O.P. Therefore the ground for refusal in granting No Dues Certificate is not only arbitrary but also an act of unfair trade practice on the part of the O.P.-Finance Company.

This point is accordingly decided against the O.P.

            Point no.4:- 

In view of our above findings, the complainant is entitled to get the reliefs as sought for.

In the result, the complaint case succeeds.

                  Hence, it is,

                                                    Ordered,         

                                that the complaint case no.146/2017  is allowed on contest with cost against the O.P.-Finance Co.  O.P.-Finance Co. is directed to issue No Dues Certificate to the complainant within a month from this date of order. O.P.-Finance Co. is further directed to pay Rs.20,000/- to the complainant as compensation along with

Contd…………………..P/4

                                                                                                                 

                                                                                    ( 4 )

Rs.10,000/- as cost out of which Rs.5,000/- is to be deposited with the Consumer Welfare Fund.

        All such payment shall be made within a month from this date of order i.d. 8% penal interest in favour of Consumer Welfare Fund shall carry over the said amount.  

                                Let plain copy of this order be given to the parties free of cost.

          Dictated and Corrected by me

                    Sd/-B. Pramanik.             Sd/-P.K. Singha           Sd/- S. Sarkar             Sd/-B. Pramanik. 

                         President                           Member                      Member                       President

                                                                                                                                      District Forum

                                                                                                                                   Paschim Medinipur