DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
PATIALA.
Consumer Complaint No. 89 of 1.3.2016
Decided on: 25.1.2017
Rajinder Pal son of Ganpat Rai, resident of 100-E,Ranjit Nagar, Seona Road, Patiala.
…………...Complainant
Versus
Canara Bank, Chhoti Baradari Branch, Patiala, through its Branch Manager.
…………Opposite Party
Complaint under Section 12 of the
Consumer Protection Act, 1986.
QUORUM
Smt. Neena Sandhu, President
Smt. Neelam Gupta, Member
ARGUED BY:
Sh.A.S.Kathuria,Adv.counsel for complainant.
Sh.Y.R.Mangla,Adv.counsel for the opposite party
ORDER
SMT.NEENA SANDHU, PRESIDENT
Sh.Rajinder Pal has filed this complaint under Section 12 of the Consumer Protection Act,1986 ( hereinafter referred to as the Act) against the Opposite Party (hereinafter referred to as the O.P.) praying for the following reliefs:-
- To direct the OP for the issuance of No Due Certificate/clearance certificate in respect of the vehicle
- To award damages/compensation to the tune of Rs.2,00,000/-for causing mental agony and harassment
- To award Rs.22000/- as costs of the complaint
- To award any other relief which this Forum may deem fit
2. In brief, the case of the complainant is that he was the owner of vehicle make Scorpio bearing registration No.PB-11-AT-0995, model 2010, chassis No.A2B25348 and engine No.HAA-4B14102, which he purchased after availing the loan from the O.P. It is averred that he had deposited the entire loan amount with the bank and nothing is due against him in respect of the said loan. After depositing the entire loan amount, he approached and requested the OP for the issuance of No Due Certificate but the OP failed to do so.He sold the above said vehicle to one Rohit Kumar Jalota S/o Raj Kumar Jalota and handed over the possession of the same to him but due to non issuance of the clearance certificate, the vehicle could not be transferred in the name of the purchaser.He approached and requested the officials of the OP for the issuance of No Due Certificate in respect of the said vehicle for the sake of deleting the entry of HPA from the registration certificate but they are putting off the matter on one pretext or the other. He also got served the OP with the legal notice but to no effect.The non clearance of the No Due Certificate by the OP amounts to deficiency in service .
3. On being put to notice, the OP appeared and filed the written version taking preliminary objection that the clearance certificate with regard to the vehicle in question along with notice of termination of hire purchase/lease/hypothecation, form No.35, has already been taken by the complainant against proper receipt and the complaint is liable to be dismissed on this ground; that he had availed another credit facility from the OP for an amount of Rs.40,00,000/- as his account is not regular and he is likely to become NPA at any time. In order to put pressure and blackmail the officers of the bank, the complainant has filed the present complaint. On merits, the same facts have been reiterated by the OP. It is stated that there is no deficiency of service. It denied all other averments made in the complaint and has prayed to dismiss the complaint.
4. In support of the complaint, the ld.counsel for the complainant tendered in evidence Ex.CA sworn affidavit of the complainant alongwith documents Exs.C1 to 6 and closed the evidence. The ld. counsel for O.P. tendered in evidence Ex.OPA sworn affidavit of Sh.Vijay Sharma, Sr.Manager of Canara Bank alongwith documents Exs.OP1 to OP7 and closed the evidence of the OP.
5. We have heard the ld. counsel for the parties, gone through the record of the case and have also gone through the written arguments filed by the parties, carefully.
6. The complainant has alleged that he had cleared all the loan amount but OP did not issue him the NOC. Whereas the stand of the OP is that the complainant had already taken clearance certificate and notice of termination of hire purchase/lease/hypothecation , form No.35., and the same have been placed on record as Ex.OP7 and Ex. OP6 respectively. The clearance certificate was issued on 8.4.2015 , wherein it has been mentioned as under:
“ Sub:- Clearance Certificate Regarding Four Wheeler-Scorpio
This is to state that, the canara vehicle loan for purchase of Scorpio (PB 11AT 0995) for Rs.650000/- ( Rupees Six Lakh Fifty Thousand Only) sanctioned to you on 17.3.2010 stands closed in our books of account as on date.
Therefore we are handing over:
1. From 35- for cancellation of Bank’s lien on vehicle”
The clearance certificate bears the signature of Rajinder Pal, i.e. complainant. From the form No.35, dated 8.4.015, it is evident that the OP bank apprised the Registering Authority, Patiala regarding termination of agreement of hire and purchase / hypothecation of the vehicle in question and also requested the Registering Authority, note endorsed in the certificate of registration of vehicle No.PB 11AT0995, in respect of the agreement between them be cancelled. From the above referred documents, Ex.OP6 & Ex.OP7, it is clear that the OP bank has already issued the clearance certificate (No Due Certificate) to the complainant. Therefore, it cannot be held deficient in providing services and consequently we dismiss the complaint being devoid of merit. Parties are left to bear their own costs. Certified copies of the order be sent to the parties free of cost under the rules. Thereafter, file be indexed and consigned to the Record Room.
ANNOUNCED
DATED: 25.01.2017
(NEENA SANDHU)
PRESIDENT
(NEELAM GUPTA)
MEMBER
