Punjab

Fatehgarh Sahib

CC/110/2021

Nawab Khan - Complainant(s)

Versus

Chola Mandalan Investment & Finance Co Ltd. - Opp.Party(s)

Sh Gurjeet Singh Badding

30 Mar 2022

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, FATHGARH  SAHIB.

                                                                       Complaint Case No: 110 of 2021

        Date of Institution: 12.11.2021

        Date of Decision: 30.3.2022

Nawab Khan aged about 38 years son of Sh. Sadhu Khan, resident of Village Salempur PO: Braas, Tehsil and  Distt. Fatehgarh Sahib

                                                                                           ...........Complainant

Vs.

1. The Chola Mandalam Investment & Finance Co. Ltd Dare House, 2 N.S.C Bose Road, Parrys Chennai 600001 India through its authorized signatory.
2. The Branch Manager, Chola Mandalam Investment & Finance Co. Ltd. branch office situated at Sector 4, 1^st Floor, GTB Market Khanna Tehsil Khanna Distt. Ludhiana.

..........Opposite Parties

 

Complaint Under Section 35 of Consumer Protection Act 2019

Quorum

Sh.Pushvinder  Singh, President

Ms.Shivani Bhargwa, Member

 Sh.Manjit Singh Bhinder, Member

   

Present: Sh. G.S.Badding, counsel for complainant.

                         Opposite parties no.1 and2 Ex-Parte

 

          

          

                      

ORDER

By Pushvinder  Singh, President

                      The present complaint was filed under Consumer Protection Act, by the complainant (hereinafter referred as ‘CC’ for short) against the Opposite Parties (hereinafter referred as “OPs” for short) Under Section 35 of the Consumer Protection Act 2019. The brief facts of the complaint are as under:-

2.                In this complaint,  The  Complainant  pleaded that  he was unemployed and with the executive purpose for earning livelihood by way of self employed , had purchased the Ashoka Leyland Truck 1214 Truck bearing its registration No.No.PB-23T-0595, Model Feb-2016. On finance of Rs.14,24,000/- from the OPs  vide agreement  No.XVFPKNN00001615937. After getting the said loan, the complainant regularly paid the whole loan amount along with interest in installments to the OPs and to this effect and OPs has issued the account statement from dated 16.2.2016 to 25.08.2021, which clearly shows  that the complainant has cleared the whole loan amount along with interest and nothing is due towards the complainant of the OPs. In the account statement, status of the agreement shows as closed and also shows that nothing is due towards the complainant.    After paying/clearing the loan amount with interest, the complainant requested the OPs to issued  the N.O.C for  the purpose to clear the endorsement of loan from the  R.C. of the said vehicle/truck, but the OPs are lingering on the matter by one pretext or the other and now the OPs a week back has totally refused to issued the NOC against the said clear loan amount for the reason best known to the OPs . The act and conduct of the opposite parties amounts to deficiency in service on their part. Hence, this complaint for giving directions to the OPs to issue the NOC of the loan amount which was taken by the complainant from the OP no.2 for the purpose of purchasing of  Ashoka Leyland Truck 1214 bearing its registration No.PB-23T-0595, Model Feb-2016 and pay Rs.50,000/- as damages on account of harassment and  mental agony .

3.                   Notice  of this complaint was sent to OPs no.1  and 2 but OPs did not came forward to contest this complaint  inspite of their service by way of Regd. Post. Hence, OPs. No.1 and 2 were proceeded against Ex-Parte.

4.                          The Complainant in support of his complaint furnished  in evidence his affidavit Ex.CW1/1, Copy of R.C Ex.C1, Copy of Adhar Card Ex.C2, , Copy of statement of account Ex.C3, Copy of Driving License Ex.C4, Copy of Pan Card Ex.C5.

5.                  We have heard learned counsel for the complainant and have also gone through the record.

6.                    In this complaint , by way of affidavit, the complainant has deposed that he purchased Truck Ashoka Layland 1214 bearing its registration No.PB-23T-0595, Model Feb-2016 after taking finance aid of Rs.14,24,000/- from the OPs. The complainant has also deposed  that he had also paid  entire loan amount in installments  and nothing is due against him.  He has also  deposed that OPs are not issuing NOC to the complainant . The complainant has produced the copy of RC as Ex.C1. The complainant also produced the copy of statement of account , which  is with regard to  the finance aid (loan)  obtained  by the complainant  from the Ops.  The statement of  account shows that the finance amount of Rs.14,24,000/- was taken by the complainant  for purchasing  Truck ,which was having Registered  no.PB-23T-0595 .  Statement of  account shows that above said account has already  been closed and disbursal status has mentioned as “full”. So  when the complainant has already paid the entire amount to the OPs then they  are duty bound  to issue  the NOC with regard to the loan account  of complainant  for truck no.PB-23T-0595.

7.                   In view of our aforesaid discussioin, the complaint is allowed Ex-Parte and the OPs are directed to issue NOC with regard to  the  finance account  vide agreement no. XVFPKNN00001615937 for purchasing  the Ashoka Leyland Truck 1214 bearing  registration no.PB-23T-0595 in favour  of complainant. Compliance of this order be made by OPs within thirty days from the date of receipt of certified copy of the order. Certified copy of the order be supplied to the complainant and copy be sent to the OPs through registered post as per rules.  File be indexed and consigned to record room.

Announced

March 30 2022

(Pushvinder Singh)

President

                                                       

(Shivani Bhargava)  

               Member                                                                                                     

 

                                                            (Manjit Singh Bhinder)

                                                                Member