DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (CENTRAL)
ISBT KASHMERE GATE DELHI
CC/185/2016
No. DF/ Central/
Somnath Bobal
S/o Lt. Sh. Pishori Lal,
R/o M-77, Vikaspuri, New Delhi
…..COMPLAINANT
VERSUS
Dhan Laxmi Bank,
Karol Bagh Branch,
16/15, W.E.A., J.S. Plaza,
Arya Samaj Road, Karol Bagh, New Delhi.
…..OPPOSITE PARTY
Quorum : Ms. Rekha Rani, President
Mrs. Manju Bala Sharma, Member
ORDER
Rekha Rani, President
Instant complaint has been filed by the complainant under Section 12 of the Consumer Protection Act, 1986 as amended alleging therein that complainant borrowed a sum of Rs. 4,60,000/- from Dhan Laxmi Bank Karol Bagh branch vide Customer ID 312957for purchasing a car Make Volkswagon POLO bearing number DL-3CC-BY-1116 in the year 2013 on which 36 monthly EMI of Rs.15,282/- was agreed to be paid by the complainant as per of loan repayment schedule. Complainant has paid all EMIs towards the loan and the last installment of Rs. 15,103/- was paid to OP on 22/01/2016. He was advised to deposit Rs. 363/- for issuance of No Dues Certificate on car loan. He deposited Rs. 363/- on 12/02/2016 with the OP to issue No Dues Certificate OP failed to issue the No Dues Certificate on account of which complainant could not sell his car. He issued legal notice dated 29/04/2016 to OP and OP despite having received the notice, OP failed to issue the No Dues Certificate Complainant has suffered a loss of Rs.1,00,000/-. The complainant has not been able to dispose off the vehicle for want of No Dues Certificate. Hence, the instant complaint seeking direction to OP to issue No Dues Certificate for the vehicle in question and to pay Rs. 1,00,000/- on account of depreciation value of the vehicle and further to pay Rs. 6,670/- as interest from 22.01.2016 to 01.05.2016 and future interest @ 24% per annum and Rs.50,000/- for causing mental pain and Rs. 22,000/- as litigation expenses.
On issuance of notice of the complainant to the OP, OP appeared and contested the claim vide its reply. Both sides filed evidence by way of affidavits. They also filed written arguments.
OP has admitted that complainant repaid the entire loan amount on 22/01/2016. It is stated that complainant has falsely pleaded that No Dues Certificate was not issued to him. It is stated that No Dues Certificate dated 24/06/2016 was dispatched on 27/06/2016 and received by the complainant on 28/06/2016.
Complainant submitted that No Dues Certificate was issued only after OP received notice of the instant complaint from this forum. Complainant filed the instant complaint on 19/05/2016. Notice of the said complaint was received by the OP on 13/06/2016.
When we asked learned counsel for OP as to why No Dues Certificate was not issued on repayment of the entire loan, learned counsel for the OP submitted that complainant and his family members have committed fraud in the gold loan availed by them from the OP Bank against pledge of ornaments which were either fake or with low gold content and that on detection of such fraud, a police complaint was filed by OP and FIR No. 10/2014 Police Station: EOW was registered against the complainant and his family members. It is also submitted that pursuant to FIR, the complainant and the other accused moved Anticipatory Bail application and the proceedings thereon are pending before various courts including the High Court of Delhi. It is also submitted that during the course of hearing before the High Court, an MOU was executed between the accused and the opposite party bank but complainant failed to comply with the terms of MOU. It is further stated that since such cases are pending, No Dues Certificate could be issued only after approval from the higher authority which was informed to the Complainant at initial stage of demanding No Dues Certificate.
We asked learned counsel for the OP as to how the criminal cases alleging fraud and cheating against the complainant have any connection with the car loan account in question, learned counsel for OP was not able to answer this query and he simply stated that in view of criminal cases pending against the complainant and his family members OP Bank took time to issue No Dues Certificate Car loan account in question is a separate transaction and having admittedly paid the entire loan amount the complainant was entitled to the issuance of No Dues Certificate at the earliest.
Learned counsel for OP is not able to satisfy is as to how criminal proceedings allegedly initiated by the OP against complainant and his family members have any connection with the car loan transaction. Criminal law will take its information qua criminal proceedings pending against the complainant.
OP did not issue No Dues Certificate even after receipt of legal notice. Complainant issued legal notice to the OP on 29-04-2016 which was dispatched 30-04-2016 and was received by OP on 02-05-2016. No Dues Certificate was issued 24-06-2016 and was received by the complainant on 28-06-2016 which is after filing of the instant complaint. Complaint has prayed for compensation of Rs. 1,00,000/- (Rupees One Lakh only) on account of depreciation of the vehicle for delay in issuing No Dues Certificate on account of which he was not able to sell the vehicle and interest on the said amount, Rs. 50,000/- (Rupees Fifty Thousand only) as compensation for causing mental pain and Rs. 22,000/- (Rupees Twenty Two Thousand only) as litigation expenses.
Legal notice was issued in April, 2016 and No Dues Certificate was issued in June, 2016. In the facts and circumstances of the complaint, the OP is directed to pay Rs.10,000/- (Rupees Ten Thousand) to the complainant for causing deficiency in service in delaying issuance of No Dues Certificate even after receipt of legal notice and Rs.5,000/- (Rupees Five Thousand only) as litigation expenses.
