PRESENT:      Mrs.Daljit Kaur Grewal, Agent for complainant.

Sh.Jatin Kumar, Adv. for OP.

                              ---

PER LAKSHMAN SHARMA, PRESIDENT

          Sh.Daljit Kaur Grewal, General Power of Attorney of Sh.Jaspreet Kaur Grewal  has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OP be directed  to issue No Due Certificate in respect of the vehicle and to pay Rs.10,000/- as compensation for mental agony and harassment etc.

2.        In brief, the case of the complainant is that she purchased a lancer car (Diesel) from Premier Motor Garage, Chandigarh by raising a loan of Rs.4,10,004.20P from OP-Bank. The said loan was to be repaid in 12 months @ equated monthly installment of Rs.35,660/- per month. According to the complainant, she paid the entire loan amount but still OP failed to issue No Due Certificate despite writing letters dated 27.02.2009, 03.03.2009, 08.03.2009 and personal visits, which amounts to deficiency in service. In these circumstances, the present complaint was filed seeking the reliefs mentioned above.

3.        In the reply filed by the OP, it has been admitted that the complainant had paid the entire sanctioned loan of Rs.410004.20. It has been pleaded that on completion of the loan, the complainant was required to supply certain documents which were not supplied. Hence the NOC and Form No.35 could not be issued. According to OP, the complainant applied for issuance of NOC on 27.02.2009 and OP issued the NOC on 18.06.2009 and the same was also produced before this Forum on 03.07.2009. In these circumstances, according to OP, there is no deficiency in service on its part and the complaint deserves dismissal.

4.        We have heard the representative of the complainant and learned counsel for the OP and have gone through the entire record including documents, annexures, affidavits etc. 

5.        Admittedly, the complainant has repaid the entire loan in time. The case of the complainant is that OP was required to issue the No Due Certificate  after repayment of the whole of the loan amount. It is further the case of the complainant that he requested OP number of times but No Due Certificate was not given to her till 03.07.2009.

6.        On the other hand, the case of OP is that when the complainant applied for issuance of No Due Certificate, the No Due Certificate was given to the complainant on 03.07.2009 before this Forum. The complainant has placed on record the affidavit of Sh.Paramjit Singh to the effect that he had agreed to purchase the car from the complainant but he could not purchase the same as OP failed to issue No Due Certificate in time. He has further deposed that he along with the complainant visited the office of OP a number of times but No Due Certificate was not given to them.

7.        Admittedly, the first application for issuance of No Due Certificate was made on 27.02.2009 and thereafter on 03.03.2009. It is pertinent to mention here that the NOC along with Form No.35 was provided to the complainant on 03.07.2009 i.e. after a period of 4 months.  A period of 4 months was taken by OP as the No Due Certificate was to be issued by the Head Office at Bombay. The complainant has failed to place on record any documentary evidence to prove that he had ever applied for No Due Certificate earlier to 27.02.2009. In these circumstances, the argument advanced by the complainant to the effect that the No Due Certificate was issued after a period of long time i.e. more than six years cannot be accepted.

8.        In view of the above findings, the complainant has failed to make out any case of deficiency in service on the part of OP. Hence, the complaint is dismissed leaving the parties to bear their own costs.

9.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

03.02.2010