Order dictated by:

Mr.Anoop Sharma, Presiding Member

1.       Sh.Nakul Dutta  has brought the instant complaint under the Consumer Protection Act,  on the allegations that  he is having loan account No. 1902790177 with Opposite Parties with a limit of Rs.314000/-. The case of the complainant is that he opened one loan account with Opposite Parties and the complainant was  paying all the installments regularly.  However, due to some family problems, the complainant could not give some of installments to the Opposite Parties. Resultantly, a sum of Rs.78,534/- was outstanding against the complainant. Opposite Parties for the recovery of said mount filed one case wherein the compromise was affected between the complainant and Opposite Parties. Opposite Party No. 2 suffered separate statement to the effect that the Opposite Parties are ready to receive Rs.29000/- in full and final payment from the complainant against Rs.78534/-. The complainant paid Rs.4000/- and handed over  one post dated cheque dated   12.9.2016  of Rs.25000/- to Opposite Party No. 2 on the same day and award was passed by the court of Presiding Officer, National Lok Adalat, Amritsar on 13.8.2016 that in case the complainant pays the amount of Rs.29000/- then award will be deemed satisfied. Pursuant to the award the complainant has paid the amount of Rs.29000/- to the Opposite Parties as per the statement from 1.7.2016 to 1.2.2017. Thereafter, on numerous occasions, the complainant has approached the Opposite Parties and requested them to issue No Objection Certificate qua the said loan account being satisfied, but the Opposite Parties are not issuing the same to the complainant for the best reasons known to them. Due to non closure of account of complainant, his CIBIL record is also going negative and complainant is being shown as defaulter in the CIBIL causing great trauma for the complainant as despite payment of all loan account and several demands and requests being made by the complainant in this regard. The Opposite Parties are unnecessary harassing him and threatening him that they will not close his account and will not improve the CIBIL status of the complainant and further threatened the complainant to pay total amount of Rs.78,354/-, otherwise the Opposite Parties will not close his account. The complainant further requested the Opposite Parties not to harass him any further and if they will not close his account then he will be continuing to be shown as defaulter in CIBIL, report but all in vain. Vide this complaint, the complainant has sought the following reliefs:-

a)       Opposite Parties be directed to close the loan account bearing No.1902790177 of the complainant immediately and not to charge any penalty or charge from the complainant. Further to give NOC to the complainant qua said loan account and correct the record of the CIBIL pertaining to the complainant. Besides this, the Opposite Parties may also be directed to pay Rs.70000/- as compensation on account of harassment, inconvenience suffered by the complainant unnecessarily and further to pay the complainant Rs.25,000/- as litigation expenses and punitive damages may also be imposed upon the Opposite Parties for unfair trade practice as well as deficiency in service on the part of the Opposite Parties and any other relief which the complainant found entitled may also be awarded to him in the interest of justice and equity and fairplay.   

Hence the present complaint. 

2.       Upon notice, initial none appeared on behalf of the Opposite Parties, neither filed any written version nor  tendered any evidence,  hence  Opposite Parties were proceeded against exparte vide order dated 15.05.2017 of this Forum.  But at the stage of arguments Sh.G.S.Sachdeva, Advocate appeared on behalf of the Opposite Parties and filed power of attorney and filed application for setting aside exparte order.      

3.       To prove his case, the complainant tendered into evidence his affidavit Ex.C1 alongwith copies of documents Ex.C2 to ex.C6 and closed the exparte evidence on behalf of the complainant.

4.       We have carefully gone through the pleadings of the complainant; arguments advanced by the ld.counsel for the parties and have appreciated the evidence produced on record by the complainant.

5.       From the record i.e. pleadings of the parties and averments of the complaint and evidence produced on record by the complainant, it stands fully proved on record that  the complainant  is having loan account No. 1902790177 with Opposite Parties with a limit of Rs.314000/-. The case of the complainant is that he opened one loan account with Opposite Parties and the complainant was  paying all the installments regularly.  However, due to some family problems, the complainant could not give some of installments to the Opposite Parties. Resultantly, a sum of Rs.78,534/- was outstanding against the complainant. Opposite Parties for the recovery of said mount filed one case wherein the compromise was effected between the complainant and Opposite Parties. Opposite Party No. 2 suffered separate statement to the effect that the Opposite Parties are ready to receive Rs.29000/- in full and final payment from the complainant against Rs.78534/-. The complainant paid Rs.4000/- and handed over  one post dated cheque dated   12.9.2016  of Rs.25000/- to Opposite Party No. 2 on the same day and award was passed by the court of Presiding Officer, National Lok Adalat, Amritsar on 13.8.2016 that in case the complainant pays the amount of Rs.29000/- then award will be deemed satisfied. Pursuant to the award the complainant has paid the amount of Rs.29000/- to the Opposite Parties as per the statement from 1.7.2016 to 1.2.2017. Thereafter, on numerous occasions, the complainant has approached the Opposite Parties and requested them to issue No Objection Certificate qua the said loan account being satisfied, but the Opposite Parties are not issuing the same to the complainant for the best reasons known to them. Due to non closure of account of complainant, his CIBIL record is also going negative and complainant is being shown as defaulter in the CIBIL causing great trauma for the complainant as despite payment of all loan account and several demands and requests being made by the complainant in this regard. The Opposite Parties are unnecessary harassing him and threatening him that they will not close his account and will not improve the CIBIL status of the complainant and further threatened the complainant to pay total amount of Rs.78,354/-, otherwise the Opposite Parties will not close his account. The complainant further requested the Opposite Parties not to harass him any further and if they will not close his account then he will be continuing to be shown as defaulter in CIBIL, report but all in vain. The complainant proved all these averments through his affidavit Ex.C1  and also proved on record statement dated 13.8.2016 of Ashok Kumar Ex.C2, copy of award of Lok Adalat Ex.C3, copy of statement of account Ex.C4, copy of letter Ex.C5, copy of e-mail Ex.C6.  The evidence produced on record  by the complainant remained unrebutted and unchallenged  as at the initial stage, none appeared on behalf of  Opposite Parties to defend its case despite sufficient opportunities provided to them nor  dared to file an affidavit to rebut the case of the complainant. But however, at the stage of arguments, Sh.G.S.Sachdeva, Advocate appeared and filed power of attorney and also filed an application for setting aside the exparte order passed by this Forum, but this Forum has no jurisdiction to set aside the exparte order passed against the Opposite Parties. Hence, the application filed by the ld.counsel for the Opposite Parties for setting aside the exparte order against them stands dismissed.    

6.       So, from the entire unrebutted evidence produced by the complainant on record, it stands fully proved on record that there is certainly deficiency in service and unfair trade practice on the part of the Opposite Parties and in these circumstances,  we direct the Opposite Parties jointly and severally to close the loan account bearing No.1902790177 of the complainant immediately and not to charge any penalty or charge from the complainant and also to issue  NOC to the complainant qua said loan account and correct the record of the CIBIL pertaining to the complainant. Besides this, the Opposite Parties  is also directed to pay Rs.5,000/-  as compensation on account of harassment, inconvenience suffered by the complainant unnecessarily and further to pay the complainant Rs.5,000/- as litigation expenses. Compliance of this order be made by the Opposite Parties within 30 days from the date of receipt of copy of this order. Copies of the orders be furnished to the parties free of cost. File is ordered to be consigned to the record room.

Announced in Open Forum.

Dated: 20.06.2017.