Orissa

Jajapur

CC/9/2017

Manoj Kumar Samal - Complainant(s)

Versus

Branch Manager,Indiabulls Housing Finance Ltd. - Opp.Party(s)

H.K.Pradhan

06 Dec 2017

ORDER

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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