Delhi

West Delhi

CC/14/770

Virender Kumar - Complainant(s)

Versus

Fullerton India - Opp.Party(s)

15 Dec 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO.  770/14

Virender Kumar     Block-O , 24-A   Chanakya Place Part-2    Uttam Nagar,    New Delhi-110059                                                                                     

VERSUS

Fullerton India Credit Company Ltd.Supreme Business Park  Floors 5 & 6 B wing,                                                                           Supreme  IT Park,    Supreme City,      Powai Mumbai 400076. 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The facts as alleged in the complaint are that the complainant had purchased  two wheeler  Model No. DL4SCB 5645 H.P from OP for as sum of Rs. OP 49,025/.  The complainant had taken a loan  from OP for a sum of Rs. 30468/- for purchase of said vehicle to be  repaid in 17^th EMIs of Rs. 2,274/- each the period from Aril 2013 to August 2014. The complainant  has been regularly  paying all the EMIs..  After payment of I^st EMI in August 2014 he requested  OP to release NOC against paid loan amount.  However, the complainant started reviewing  SMS  and phone calls from OP whereby he was threatened to pay  sum of Rs. 843/-  as cheque  bouncing charges.  The complainant  sent e –mail dated 08-04-2014 that EMI   were paid through ECS  and he  never received any information from his bank regarding  dishonor of cheques.  The OP under grab of cheque bouncing  charges  of Rs. 843/- did not issue  him NOC hence the present case. 

2.     OP filed  written statement and  admitted purchase of motor bike make Hero Honda Passion  by complainant in 2013. He had borrowed loan for sum of Rs. 30,468/- for 17 months. The complainant had issued 17^th post dated cheques to OP. One cheque for the month of April got dishonored  with reason “ insufficient  fund”  which is duly shown  in the statement of   account  of OP company as a result complainant was   supposed to pay penalty for dishonor of cheque to the tune of Rs. 843/- . The NOC was  not issued till complaint cleared all the dues  of loan amount, therefore, complaint be dismissed. 

3.     Complainant has filed replication denying contents of written statement and re-affirming the contents of complaint.  He has filed his affidavit in evidence testifying all the facts stated in the complaint. On the other hand  O.P  did not filed affidavit of evidence despite ample  opportunities and accordingly right to file evidence  was closed by Forum vide order  dated 11.12.2013 and OP also proceeded ex-parte.

4.     We have heard Counsel for parties  and perused the record.

5.     During the  course of arguments counsel for OP categorically admitted that the OP  has  waived the penalty charges on account of cheque bouncing and have also issued no objection certificate vide letter  dated 05.05.2015. Complainant has also admitted that OP has given him no objection certificate with regard to payment of full and final loan amount. He, however, contended that the NOC was issued one year after institution of present complaint, therefore, he needs to be  compensated for harassment and litigation expenses .  We have gone through the entire record.  The present complaint was filed in the Forum on 21.11.2014 and OP appears to have  issued NOC vide letter dated 05.05.2015 i.e. after six months.  The OP has not led any evidence in this case and also has failed to establish the dishonor of cheque and thus penalty/cheque  bouncing charges of Rs. 843/- was wrongly fastened on the complainant, therefore, the act of OP amounted to deficiency in service  for which the complainant  was constrained to institute the present complaint for redressal of his grievances. We  feel that  it would meet the ends of the justice  if the complainant  is awarded a sum of Rs. 5,000/-as compensation toward mental harassment, inconvenience and litigation expenses to be paid within 45 days from receipt of this order failing which  interest @ 6% shall be payable from the date of institution  of complaint till realization

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

  Announced this___  __15_ day of __December  _____ 2018.

 

                                                                                                                       ( K.S. MOHI )                                                    (PUNEET LAMBA)                                                                                     PRESIDENT                                                            

  MEMBER