BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.167 of 2015

Date of Instt. 23.04.2015

Date of Decision :04.06.2015

Anjula Agnihotri aged about 56 years wife of V.B.Mehta R/o 345, Urban Estate, Phase-II, Jalandhar.

..........Complainant Versus

HDFC Bank Ltd, Near Narinder Cinema, GT Road, Jalandhar through its Manager/Authorized Signatory.

.........Opposite party

Complaint Under the Consumer Protection Act.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Pankaj Sharma Adv., counsel for complainant.

Opposite party exparte.

Order

J.S.Bhatia (President)

1. The complainant has filed the present complaint under the Consumer Protection Act, against the opposite party on the averments that the complainant got financed a Activa Scooter bearing registration No.PB08-AV-6343 model 2005. The vehicle in question was hypothecated with the opposite party and endorsement to this effect was made by DTO, Jalandhar on the registration certificate of the vehicle of the complainant. The complainant has been paying the installments regularly out of her salary and the entire loan amount without any default was cleared within the stipulated time. After receiving the entire loan amount, the opposite party is under legal obligation to provide No Dues Certificate and NOC for removing the endorsement of the bank but inspite of repeated visits made by the complainant, the staff and officers of the opposite party bank has not bothered to provide the said documents. On such like averments, the complainant has prayed for directing the opposite party bank to deliver her NOC of the above said vehicle. She has also demanded damages and litigation expenses.

2. Notice of this complaint was issued to opposite party bank but branch manager Sh.Vikas Sharma refused to receive the notice and as such it was proceeded against exparte.

3. In support of her complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 and Ex.C2 and closed evidence.

4. We have carefully gone through the record and also heard the learned counsel for the complainant.

5. According to complainant, she got financed her Activa Scooter bearing above mentioned registration number from opposite party bank and the same was hypothecated with opposite party and endorsement to this effect was made by DTO, Jalandhar on the registration certificate of the vehicle. Further according to the complainant, she has paid the entire loan amount without any default but opposite party bank is not issuing NOC which is necessary for removing the endorsement regarding hypothecation. In support of her version, the complainant has tendered her affidavit Ex.CA. Before filing the present complaint, complainant also served legal notice Ex.C1 upon the opposite party bank requesting it to send her No Due Certificate as well as NOC required for removing the hypothecation endorsement. The opposite party bank has not come present to contest the claim of the complainant. So from the unrebutted evidence of the complainant, it stand proved that she had paid entire loan amount to opposite party bank. We do not find any convincing reason to disbelieve the affidavit Ex.CA of the complainant in this regard. So after payment of entire loan amount, the opposite party bank is under obligation to issue NOC to the complainant.

6. In view of above discussion, the present complaint is accepted and opposite party bank is directed to issue NOC to the complainant within 15 days from the date of receipt of copy of this order. Complainant is further awarded Rs.4000/- in lump sum on account of compensation and litigation expenses. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

04.06.2015 Member Member President