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Manoj Kumar Samal filed a consumer case on 06 Dec 2017 against Branch Manager,Indiabulls Housing Finance Ltd. in the Jajapur Consumer Court. The case no is CC/9/2017 and the judgment uploaded on 07 Dec 2017.
IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, JAJPUR.
Present: 1.Shri Jiban ballav Das , President
2.Sri Pitabas Mohanty, Member,
3.Miss Smita Ray, Lady Member.
Dated the 6th day of Decembermber,2017.
C.C.Case No.09 of 2017
Sri Manoj kumar Samal , S/O Gobinda ch.Samal
Vill. Rahal , P.O.Krushnapursasan
P.S.Balichandrapur / Dist.-Jajpur. …… ……....Complainant . .
(Versus)
1.Branch Manager, Indiabulls Housing Finance Ltd, Narala complex Near Shriya Talkies
Unit-3,Kharbelanagar,BBSR.
2. B.M.India bulls Finance Ltd, Prabati Behura Market Complex, Dala chhak,
Dala chhak, Jajpur Road, Dist.Jajpur ……………..Opp.Parties.
For the Complainant: Sri H.K.Pradhan, Sri P.K.Kar, Advocates.
For the Opp.Parties : No.1 and 2 None.
SHRI PITABAS MOHANTY, MEMBER Date of order: 06.12.2017.
The petitioner has filed the present dispute against the O.Ps due to non providing of NOC, though all the loan amount along with interest have already been paid by the petitioner.
The facts relevant as per complaint petition are that the petitioner purchased a truck bearing Regd. No.0R-04-M-1075 amounting to Rs.11,87,715 / taking the financial assistance from the O.P on the strength of hypothecation agreement on dt 27.01.12 . The complainant has paid all the dues along with over dues to the O.Ps from 16.03.12 to 30.09.16 which has been mentioned in the loan statement along with M.R No.390737 dt.30.09.16 issued by the O.Ps.
Accordingly the petitioner is eligible to get the NOC from the O.Ps since 27.09.16 when the loan is closed but since today it has not been issued, for which the petitioner has issued a regd pleader notice on dt 10.11.16 stating the grievance for issuance of NOC but the O.Ps remained silent . Accordingly the petitioner filed the present dispute with the prayer to direct the OPs. to provide NOC.
against the above vehicle as well as to pay compensation of Rs3,90,000/- for reduce value of the vehicle and mental agony and harassment , cost of litigation.
The notice was returned against O.P.no.2 with the postal remark ‘left’ and the O.P.no.1 . After receipt of notice the O.P.no.1 did not choose to file written version besides several opportunity given by this fora . Hence the O.P.no..1 set exparte vide order dt.15.11.17.
On the date of hearing we heard the argument from the learned advocate of the petitioner. and after perusal of the record and documents we observed that :
1 it is undisputed fact that the petitioner has purchased the above vehicle taking the financial assistance from the O.Ps on the strength of an hypothecation agreement .
2. It is also the fact that the petitioner has claimed that she has already cleared up all the loan dues along with interest by 30.09.16 which is reflected vide M.R.No.390737 dt.30.09.16 but the O.Ps has not issued the NOC against the above vehicle .
3. Thereafter the petitioner served the regd. pleader notice to the O.P stating the grievance in the notice but the O.P remained silent. On this point it is our considered view that this attitude of the O.P may draw adverse inference in view of the observation of Hon’ble National Commission reporte4d in 2013(1)-CPR-456-N.C.
On the other hand though several opportunity has been given by this Fora for contesting this dispute but the O.Ps fails to file any written version or any objection to contest the dispute . Hence , they have been set exparte. Hence we have no hesitation to accept the statement in the complaint
petition of the petitioner as uncontroverted In view of the observation of the appellant forum stated below :
2003-CLT-vol-96-p-15-p-4-(C. D.No .37./12 SCDRC, Odisha,) wherein it is held that:
“ absence of written version commission is bound to accept the uncontroverted statement made in the complaint petition.”
2013(1)CPR-507-( N.C) wherein it is held that
“in case written version not file on several opportunity it has no defence on merit “.
Hence this order
Owing to the above narrated observation as well as fact and circumstance of the case the blame is to be placed on the door of the O.P only . As such the meet the ends of justice we allow the dispute. The O.Ps are directed to pay compensation of Rs.20,000 /- for deficiency in service to the petitioner within one month after receipt of this order .No cost.
This order is pronounced in the open Forum on this the 6th day of December,2017. under my hand and seal of the Forum.
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