IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.M.G.Hiremath<br /> B.Sc., L.L.B (Spl.)- President<br /> <br /> 2. Smt.M.Mahadevi<br /> M.Sc., M.Ed., -Member<br /> <br /> 3. G.V.Balasubramanya<br /> B.E., LL.M - Member<br /> <br /> CC 209/06 DATED 19-09-2006<br /> <br /> Complainant J.Arun Kumar, S/o Naidu.J.R.<br /> No.55, Behind Surya Bakery,<br /> Hebbal 1st Stage, Mysore.<br /> (By B.D.Pradeep, Advocate)<br /> <br /> Vs. <br /> <br /> Opposite Party The Manager, Citi Financial Consumer Finance India Ltd., No.2909, 3rd Cross, Kantharaj Urs Road, Chamaraja Mohalla, Saraswathipuram, Mysore.<br /> (By R.D.Kumar, Advocate)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 25-07-2006<br /> Date of appearance of O.P. : 16-08-2006<br /> Date of order : 19-09-2006<br /> Duration of Proceeding : 1 MONTH<br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> 1. The complainant purchased a Bajaj Caliber Bike by borrowing Rs.34,000/- from the O.P. The loan was repayable at Rs.1,225/- per month over a period of 36 months. The complainant issued 24 cheques to the O.P. on 27-05-2003 towards the installments. Cheques were drawn on HDFC Bank, Mysore. The equitable monthly installments (EMI) were payable by 20th of every month.<br /> <br /> 2. Cheques presented by the O.P. to the Bank realized till 26-12-2003. Thereafter, the complainant due to financial problem closed his account with HDFC Bank and informed the same to the O.P. asking him not to present cheques to the Bank and that he would pay the EMI in cash. Yet, the O.P. went on presenting the cheques which naturally bounced. However, the complainant paid the EMI in cash after the complainant paid off the last installment he sought “No Objection Certificate” from the O.P. But the same was refused on the ground that he still has got to pay Rs.5,500/- being the cheque bouncing charges. The complainant says that such demand is illegal. As the O.P. failed to redress his woe, this complaint has been filed. He has prayed that the O.P. be directed to issue “No due certificate” and also award compensation of Rs.15,000/-.<br /> <br /> 3. The O.P. received the notice sent from the Forum and was represented by a counsel. However, no version was filed and neither the O.P. nor his counsel appeared before the Forum at any of the subsequent dates of hearing. <br /> <br /> 4. Only one point arises for our consideration – Whether the complainant proves that the O.P. has rendered deficient service by making excess claim?<br /> <br /> REASONS<br /> <br /> 5. As aforesaid the O.P. has not filed any version. As the O.P. has chosen not to defend his claim, the documents filed by the complainant should be deemed sufficient to prove his allegation. The complainant has produced the statement of account and the cash payment receipts numbering 25. From the statement it is seen that the O.P. has received all the 36 installments and the overdue is shown as Rs.4,740/-. This amount is nothing but accumulated cheque bounce charges, as observed before, the O.P. has not produced any material to prove that he is entitled to receive Rs.4,740/- from the complainant. Under these circumstances we answer the point for consideration in the affirmative and proceed to pass the following order.<br /> <br /> <br /> ORDER<br /> <br /> <br /> 1. Complaint is allowed.<br /> <br /> 2. O.P. is directed to issue the necessary “No objection certificate” to the complainant within 15 days from the date of receipt of this order, failing which he shall be liable to pay damages of Rs.10,000/- with interest at 10% p.a. from 01-01-06 till the date of payment.<br /> <br /> 3. The demand of the O.P. for payment of cheque bounce charges and interest thereon is hereby quashed. <br /> <br /> 4. O.P. is directed to pay the complainant compensation of Rs.2,000/- within one month from the date of this order, failing which such amount will carry interest at 10% p.a. thereafter, until the date of payment.<br /> 5. O.P. is directed to pay the complainant cost of Rs.500/-. <br /> <br /> 6. Give a copy of this order to both parties according to Rules.<br /> <br /> (Dictated to the Stenographer, transcribed by her/him, transcript revised by us and then pronounced in the open court on this the day 19th September 2006)<br /> <br /> <br /> <br /> (M.G.Hiremath)<br /> President<br /> <br /> <br /> (M.Mahadevi)<br /> Member<br /> <br /> <br /> (G.V.Balasubramanya)<br /> Member<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />