Arguments on the application and main heard. The main prayer of the complainant in the present case is that the opposite party No. 4 may be directed to pay the insurance amount of Rs. 4,39,618/- to the complainants with regard to member Policy. During the course of arguments, Ld. Counsel for the opposite party No. 4 has placed on record one document which shows that an amount of Rs. 4,39,618/- has been debited on 31.7.2018 and said payment has been made to Cholamandulam Investment and Finance Company. As such, the amount of Rs. 4,39,618/- has already been debited in the years 2018 and the said relief of the complainant has become infructuous.

          Ld. Counsel for the complainant contended that despite receipt of above said payment, the opposite parties No. 2 and 3 have not issued the NOC of the said Vehicle and they were sending their recovery agents for recovery of the said amount and the opposite parties No. 2 and 3 have harassed the complainant and his family members unnecessarily.

          Perusal of document shows that the amount of Rs. 4,39,618/- has already been made to Cholamandulam Investment and Finance Company (opposite parties No. 2 and 3) but despite that they have not given the ‘No Due Certificate’ to the complainant qua the above said tractor for a long time, it amounts to deficiency in service and unfair trade practice on the part of the opposite parties No. 2 and 3.

          Consequently, the opposite parties NO. 2 and 3 are directed to issue ‘No Due Certificate’ qua the tractor in question. The complainant has been harassed by the opposite parties No. 2 and 3 unnecessarily for a long time. The complainant is also entitled to Rs. 5,000/- as compensation on account of harassment and mental agony and Rs. 5,000/-  as litigation expenses from the Opposite Parties No. 2 and 3. Opposite Parties No. 2 and 3 are directed to comply with the order within one month from the date of receipt of copy of the order, failing which the complainant is entitled to interest @ 9% per annum, on the awarded amount, from the date of complaint till its realisation from the Opposite parties No. 2 and 3. The present complaint against the opposite party No. 1 and 4  stands dismissed. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Commission. Copies of the order be furnished to the parties as per rules. File is ordered to be consigned to the record room.

Announced in Open Commission

13.8.2024