Complainant Gaurav Gupta vide the present complaint U/S 35 of the Consumer Protection Act (hereinafter for short the Act) for issuance of the necessary directions to the opposite party to issue the NOC to him regarding his two wheeler loan account No.56778709. Opposite party be further directed to pay Rs.50,000/- for mental and physical harassment and torture alongwith Rs.20,000/- as litigation expenses, in the interest of justice.

2.       The case of the complainant in brief is that he had availed two wheeler loan facility vide loan account No.56778709 from the opposite party and loan amount was disbursed to him on 24.04.2018. As per the loan facility, the loan amount of Rs.99,600/- was financed to him by the opposite party and for the repayment of loan amount in E.M.I. of Rs.3658/- per month was fixed for a total tenure of 36 months i.e. upto 5.5.2021.  He has further pleaded that the commencement of the installment amount of Rs.3658/- P.M. was 5.6.2018. He paid the E.M.I. against the above mentioned loan regularly without any fail. He even before the stipulated date i.e. 05.05.2021 close the abovesaid loan account on 24.01.2020 by making the entire balance amount of E.M.I’s of Rs.68,611/- to the opposite party. Thereafter, for the purpose of obtaining No Due Certificate he visited the opposite party and requested him to issue No Due Certificate as he had repaid the entire loan alongwith  interest to the opposite party but opposite party refused to issue the same on the pretext to clear the outstanding amount against the credit card issued by the opposite party to complainant which is clear cut violations of the Banking Rules.  The credit card facility is related to separate account and the same has got no concern with the abovesaid loan account which was closed by him on 24.1.2020. This act of the opposite party amounts to clear cut deficiency in service on its part. A legal notice was issued to the opposite party through his counsel but the opposite party failed to comply with the legal notice and failed to issue the NOC to him. Due to the illegal, arbitrary act and conduct of the opposite party the complainant suffered physical as well as mental harassment. Hence this complaint.

3.          Notice of the complaint was issued to the opposite party dasti. Case called several times but none had come present on its behalf, therefore, opposite party was proceeded against exparte vide order dated 19.2.2021.

4.      Alongwith the complaint, complainant has filed his own affidavit Ex.C-1 alongwith Photostat copies of loan statement Ex.C-2, legal notice Ex.C-3 and Postal receipt Ex.C-4.

5.        We have carefully gone through the exparte pleadings of counsel for the complainant; written arguments as well as oral arguments advanced by its respective counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the purposes of adjudication of the present complaint.

6.        In the present case, the complainant availed two wheeler loan facility vide loan Account No.56778709 from the opposite party and the loan amount of Rs.99,600/- was disbursed to him on 24.4.2018. The complainant had to repay the loan amount in EMI of Rs.3658/- per month for a period of 36 months i.e. upto 5.5.2021. The commencement of the installment amount of Rs.3658/- was 5.6.2021 and the complainant paid the EMI against the above mentioned loan without any fault and he closed the said loan account on 24.1.2021 by making the entire balance amount of EMI’s of Rs.68,611/- to the opposite party. Thereafter, he demanded No Due Certificate from the opposite party but it refused to issue the same on the pretext to clear outstanding amount against credit card issued by the opposite party to the complainant. Ex.C-2 is the Bank statement which shows ‘O’ balance outstanding against the complainant towards his loan account. On 24.1.2020, the complainant made entire payment of the loan amount. The credit facility has got no concern with the loan account in question.  Non issuance of the No Due Certificate by the opposite party amounted to deficiency in service on the part of the opposite party and the complainant had to undergo a lot of harassment physical as well as mental at the hands of the opposite party.

7.       In view of the aforesaid discussion, we exparte partly allow the complaint of the complainant with a direction to the opposite party to issue No Due Certificate to the complainant. Opposite party is further directed to pay a sum of Rs.5,000/- as compensation for harassment alongwith a sum of Rs.5,000/- as litigation expenses to the complainant.

8.        Order be complied within a period of 45 days from the date of the receipt of the certified copy of this order. Certified copies of this order be sent to the parties free of costs under the Rules. Thereafter, file be indexed and consigned to the Record Room.                                                                                                                                                          

             (Neelam Gupta)

                                                                              President   

Announced:                                                        (Jyotsna)

June 23, 2021                                                      Member

*MK*