Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 675.
Instituted on : 02.12.2011.
Decided on : 25.03.2015.
Ashish Saini s/o Sh. Samar Singh Saini R/o H.No.82/29-E, Ward No.12, Rajiv Vihar Colony, Rohtak.
………..Complainant.
Vs.
- Fullerton India Credit Company Ltd. Near Chhotu Ram Chowk, Rohtak.
- Fullerton India Credit Company Ltd. Regional Office at SCO No.141-142, Sector 8-C, Madhya Marg, First Floor, Chandigarh.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.JOGINDER KUMAR JAKHAR, PRESIDENT.
MS. KOMAL KHANNA, MEMBER.
Present: Sh.Pardeep Mittal, Advocate for the complainant.
Opposite parties exparte.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that in the month of January, 2008 he had availed a loan of Rs.85000/- from opposite party no.1 vide loan account no.037315000001690 and till the month of August 2008, except the amount of advance installment the opposite party received Rs.22032/- by way of using 6 chques amounting to Rs.3672/- each of the complainant as installments of above mentioned loan and in the month of August 2008 the complainant requested the opposite parties to close the above mentioned loan account as the complainant was ready to pay whole outstanding amount including charges for prepaid penalty and on 12.08.2008 Rs.75174/- was due towards the complainant and the same was deposited by the complainant vide receipt no.423366 dated 06.08.2008 of Rs.70000/- and receipt no.575429 dated 12.08.2008 of Rs.5174/- and nothing was due against the complainant but the opposite parties neither issued certificate of clearance nor handed over remaining 4 cheques of complainant lying in their hands and misused them. It is averred that the opposite parties entered the name of the complainant in CIBIL list i.e. defaulter’s list due to which he has to suffer great mental shock and agony. It is averred that complainant also received a legal notice on March 2011 whereby he was asked to pay Rs.25738/- as outstanding amount of the above mentioned loan account which was replied by the complainant vide letter dated 06.04.2011 but any heed was not paid by the opposite parties. It is averred that complainant requested the opposite parties for return of post dated cheques, to issue the loan clearance certificate and to cancel his name from the CIBIL but of no use. It is averred that the act of opposite parties is illegal and amounts to deficiency in service. As such it is prayed that opposite parties may kindly be directed to issue loan clearance certificate, to return the remaining 4 cheques of complainant, to cancel the name of complainant from the CIBIL or the defaulters list and to pay Rs.50000/- as compensation and litigation expenses to the complainant.
2. On notice, the opposite parties appeared and made a statement that the N.O.C/No dues letter dated 24.11.2011 has been given to the complainant and has placed on file copy of satisfaction note. But lateron the opposite parties did not appear and were proceeded against exparte vide order dated 29.08.2014 of this Forum.
3. Complainant led evidence in support of his case.
4. Complainant in his evidence tendered his affidavit Ex.CW1/A, documents Ex.C1 to Ex.C18 and has closed his evidence.
5. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
6. In the present case it is not disputed that the complainant had taken loan from the opposite parties and the repayment of same is also not disputed. The grievance of the complainant is after the repayment of loan he requested the opposite parties to issue Loan Clearance Certificate, to return the remaining 4 cheques and to cancel his name from the list of defaulters i.e. CIBIL. But the opposite parties did not pay any heed to his requests. To prove his case complainant has placed on record copy of receipts Ex.C8 & Ex.C9 dated 12.08.2008 and 06.08.2008 respectively whereby the complainant has cleared his loan amount. Complainant has also placed on file copy of legal notice dated 12.11.2010 whereby complainant was asked to pay the balance amount of Rs.25738/-, copy of reply by the complainant is Ex.C12 and Ex.C18 is CIBIL report dated 01.01.2014.
7. After going through the file and hearing the parties it is observed that despite payment of loan on dated 12.08.2008 neither the Loan clearance certificate was issued to the complainant, nor his name was struck off from the CIBIL List. On the other hand, he was given a notice to pay the loan amount whereas nothing was outstanding against him. It was only after filing the present complaint that the opposite parties have issued NOC letter dated 24.11.2011 i.e. after three years of repayment of loan. But advance cheques taken from the complainant at the time of taking loan were not returned to him nor his name was struck off from the list of defaulters/CIBIL. In this regard we have placed reliance upon the law cited in IV(013)CPJ 251(NC) titled Muthoot Leasing and Finance Ltd. Vs. Sabu whereby Hon’ble National commission has held that: “Repayment of entire amount-Issuance of no objection certificate denied-Exorbitant amount claimed-Mental agony and financial loss-Deficiency in service-District Forum allowed complaint-National Commission upheld the order of District Forum allowing the complaint” and has also placed reliance upon IV(2013)CPJ 293(NC) titled Mahindra & Mahindra Financial Service Ltd. Vs. Ambaram Patel.
8. After going through the above referred case laws which are fully applicable on the facts and circumstances of the case, it is observed that due to non-issuance of Non-clearance certificate for 3 years after repayment of loan and not striking off the name of the complainant from the CIBIL list, the complainant might have suffered some irreparable loss. As such the opposite parties are directed to pay Rs.2500/-(Rupees two thousand five hundred only) as lump-sum compensation and litigation expenses to the complainant. Opposite parties are further directed to struck off the name of complainant from the list of defaulters/CIBIL and also to return the remaining cheques of complainant lying with the opposite parties. Complaint is disposed of accordingly.
9. Copy of this order be supplied to both the parties free of costs.
10. File be consigned to the record room after due compliance.
Announced in open court:
25.03.2015.
................................................
Joginder Kumar Jakhar, President
..........................................
Komal Khanna, Member.
