SRI BIJOY KUMAR DAS,PRESIDENT:-
Allegation of deficiency in service in respect of excess demand of loan outstanding dues are the allegations arrayed against the Op.
2. Complaint, in brief reveals that, Complainant purchased an Auto rickshaw on dt. 16.9.15 being financed by Indusind Bank Ltd. Cuttack bearing Regd. No. 29B-5668, Model-106APE XTRA LD having Engine No. S5H8461634 and its Chasis No. is MBX0000ZBTH143068. It is reveals that the cost of the vehicle is for Rs. 1,76,651.98 and by adding the Tax the total value of the vehicle comes into Rs. 200500/-. Complainant paid Rs. 31,000/- as down payment. As per the terms and condition 48 installments were fixed for repayment of loan dues, out of which complainant paid 12 monthly installments upto dt. 21.9.2016 and subsequently paid Rs. 78,000/- to the Op. Complaint also reveals that Op-Bank told the complainant to pay Rs. 1,06,500/- within Dec-2016 to clearup the loan outstanding dues. Accordingly, Complainant-loanee paid a total amount of Rs. 75,000/- on dt. 29.10.16, 4.11.16 and 8.11.16. It is alleged that, the balance amount was not received by the Op-Bank in form of cash and due to demonetization and non-availability cheque–Bank facilities Complainant–loanee paid Rs. 15,000/- on dt. 18.1.2017. It is further alleged that, Op-bank instead of received the balance outstanding of Rs. 16,500/- is demanding to pay Rs. 50,000/- for clearance of loan dues against the said Autorickshaw, which according to complainant is an illegal and arbitrary demand of the Op-Bank, which caused financial loss and mental agony to the complainant and Op-Bank is threatening to reposes the vehicle for non-clearance of loan dues and complainant preys this Forum seeking a direction to Op-Bank to receive Rs. 16,500/- and to issue loan clearance certificate alongwith Rs. 20,000/- as compensation for mental agony and Rs. 10,000/- as cost of litigation.
3. Being Noticed Op-Bank appeared through their Ld. Counsel, but did not prefer to file any written statement to defend the allegations, accordingly Op-Bank was set ex-parte U/S 13(2)(b)(ii) of C.P.Act, 1986 by order of this Forum bearing No. 10 dtd. 8/5/2018.
4. Heard the ex-parte submissions advanced by Ld. Counsel for complainant, Non-appears on behalf of Op-Bank. Complainant to support his pleadings filed attested photocopies of documents as per the list, Complainant also filed 2 nos. of affidavits, copy being attached. In the present dispute the allegation of complainant relates to clearance of loan outstandings dues. It is the case of the complainant that relying on the assurance of Op-Bank and after making payments only Rs. 16,500/- remains as outstandings dues for clearance of the loan dues, it is the further case of the complainant that Op-Bank instead of receiving the assured amount of Rs. 16,500/- is demanding Rs. 50,000/- which is illegal and arbitrary. It is clear from the dispute that no written assurance is given by the Op-Bank regarding final settlement of the loan amount. In support of his pleadings, Complainant filed affidavits of self and another person namely Gouranga Charan Behera, who accompanied by the Complainant–loanee on dt. 27.10.17 when the Op-Bank assured the complainant to clear the loan outstanding on payment of Rs. 16,500/-. In this position, when Op-Bank does not defended the allegations and relying on the affidavit evidence filed by Complainant , it is held that complainant-loanee has to pay Rs. 16,500/- towards clearance of his loan dues against Auto rickshaw bearing Regd. No. OD-29B-5668.
Having observations reflected above, it is directed that, Complainant will pay Rs. 16,500/-(Rs. Sixteen Thousand Five Hundred only) toward loan dues of the Autorickshaw and on receipt of the ordered amount Op-Bank shall issue No Due Certificate (NDC)/ Clearance Certificate against the Autorickshaw bearing No. OD-29B-5668, the order is to be complied by the OP-Bank within one month of receipt of the ordered amount deposited by the complainant, failing which action will be initiated as per the provisions of C.P.Act, 1986.
Complaint is allowed in part on ex-parte. No order as to cost.
Pronounced in the open Court, this the 25th day of June,2018.
I,agree.
Sd/- Sd/-
MEMBER PRESIDENT
