PER MR. S.M. SHEMBOLE , HON’BLE PRESIDING MEMBER
This appeal takes an exception to the judgment and order dated 23/12/2011 passed by the Additional District Consumer Forum, Nagpur in consumer complaint No.50/2001, dismissing the complaint.
Brief facts giving raise to this appeal are that,
1. Original complainant/ Appellant had barrowed loan Rs.4,75,000/- from the original opponents/respondents-Finance Company, on 07/06/2007. (For the sake of brevity appellant is hereinafter called as “Complainant” and respondents as “Opponents”). According to the complainant he repaid the entire loan amount with interest and no dues are outstanding against his loan account. However, when he applied for no dues certificate the opponents refused to issue no dues certificate. Therefore, he has filed consumer complaint seeking direction to issue no dues certificate and also direction for issuing extract of loan account and the copies of other documents pertaining to the loan transadction. He has also claimed Rs.2,00,000/- for causing loss as he could not use the vehicle due to threat extended by the opponents and further compensation at Rs.1,00,000/- for causing mental and physical harassment and Rs.2000/- towards cost of proceeding
2 The complaint is resisted by the opponents vide their written version on the following among others grounds”
It is not disputed that the complainant had barrowed loan Rs.4,75,000/- for purchasing vehicle and he repaid the same loan amount. However, it is contended that the complainant has again barrowed loan Rs. 5,00,000/- on 27/03/2009 for purchasing another vehicle but the same loan amount is not cleared and therefore, no dues certificate as claimed by the complainant is not given, etc. It is submitted to dismiss the complaint.
3. On hearing both the sides and considering the documents on record, the Additional District consumer Forum, Nagpur held that out of loan amount Rs.5,00,000/- dues are outstanding against the complainant and, therefore, complainant is not entitled to get no dues certificate unless all the dues are cleared. In keeping with this finding the Additional District Consumer Forum, Nagpur dismissed the complaint.
4. Feeling aggrieved by the impugned judgment and order the complainant has preferred this appeal.
5. We heard Ld. Counsel for both the sides, perused the copy of impugned judgment and order, copy of complaint, copy of written version, and copies of other documents. Considering the facts of the case and arguments advanced by the Ld. Counsel for both the sides we have decided to dispose of this appeal finally at the stage of hearing before admission.
6. Mr. Bhagat, Ld. Counsel for the complainant submitted that the complainant has cleared entire dues and no dues are outstanding against his loan account with the opponents. It is submitted that the complainant has only once barrowed loan of Rs.4,75,000/- from the opponents and the same loan amount with interest is cleared but the opponents falsely refused to issue no dues certificate alleging that the complainant has barrowed another loan of Rs.5,00,000/- and the dues are outstanding, etc. It is submitted that the opponents have fabricated false documents showing loan Rs.5,00,000/- barrowed by the complainant for purchasing another vehicle, though, the complainant has not barrowed such loan Rs.5,00,000/-. It is submitted that the opponents have produced false documents on the basis of forged signature of the complainant and falsely alleged that the complainant had barrowed loan Rs.5,00,000/- for second time etc. It is further submitted that though the opponents have made such false allegation about second loan transaction, the same is not proved by them but the Additional District Consumer Forum, Nagpur without considering this facts dismissed the complaint, etc.
7. Per contra Mr. Potdar, Ld. Counsel for the opponents submitted that though the complainant has repaid loan amount of Rs.4,75,000/- with interest, he has not repaid loan amount which was barrowed second time. He has submitted that all the loan documents pertaining to the second transaction are genuine and the complainant availed the loan amount Rs.5,00,000/- but falsely denying the same. He has further submitted that the opponents have also filed arbitration proceeding against the complainant for recovery of loan amount pertaining to the second transaction and same arbitration proceeding is pending and therefore, opponents have rightly denied to issue no dues certificate but the complainant has filed false complaint, etc.
8. From the arguments advanced by Mr. Potdar, Ld. Counsel for the opponents it reveals that there is dispute between the parties about recovery of loan amount of alleged second loan transaction in respect of which the arbitration proceeding is also pending. Therefore, unless the same dispute is settled, no dues certificate as claimed by the complainant from the opponents can not be expected. Since, the arbitration proceeding is pending before the arbitrator, the genuineness of loan documents pertaining to the loan amount Rs.5,00,000/- needs no consideration. Therefore, the Additional District Consumer Forum, Nagpur has rightly declined to consider the genuineness of those documents which are produced by the opponents.
9. Any how as stated above unless the dispute about the dues as alleged by the opponents is settled the complainant is not entitled to get no dues certificate from the opponents. Therefore, the Additional District Consumer Forum, Nagpur has rightly held so and dismissed the complaint. We find no glaring error or infirmity or illegality in the impugned judgment and order. Hence, no interference is warranted.
10. In the result the appeal is being devoid of any merit is liable to be summarily dismiss.
Hence, the following order.
ORDER
1. Appeal is dismissed.
2. No order as to cost.
Dated:- 11/09/2012
