Date of filing : 13.10.2009<br /> Date of Order: 22.04.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 22ND DAY OF APRIL 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2386 OF 2009<br /> <br /> Prasanna Kumar<br /> Brundavana Nilaya<br /> 7th Main, 4th Link Road<br /> Behind Deepak Cable<br /> Vidyanagar, Tumkur 572103 Complainant<br /> V/S<br /> 1. HDFC Bank Limited<br /> 2nd Floor, Golden Towers<br /> ‘B’ Wing, Next to Golden Enclave<br /> Kodihalli, Old-Airport Road<br /> Bangalore 560 017<br /> <br /> 2. HDFC Bank Limited<br /> Retail Asset Collections<br /> 4th Floor, Titanic Building<br /> 26 A Narayan Properties<br /> Chandivali, Andheri East<br /> Mumbai 400 072 Opposite parties<br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant under section 12 of the Consumer Protection Act, 1986 seeking direction to the opposite parties to hand over all the documents including No Objection Certificate.<br /> The facts of the case are that the complainant has taken Rs. 34,000/- loan from the opposite party for purchasing Hero Honda Super Splendor. Complainant has paid entire loan amount including interest and penalty. There is no due. Therefore, complainant has prayed that opposite party be directed to release the original documents including No Objection Certificate and also prayed for compensation.<br /> 2. The opposite parties have filed defence version stating that the complainant is required to repay the loan amount in 24 equated monthly installments. Complainant has given post dated cheques 21 in numbers and cheques have been cleared except one cheque for Rs. 1,661/-. The opposite parties have not received payment in respect of dishonoured cheque dated 05.02.2006. In view of the non-receipt of the said amount the complainant is due to the extent of Rs.4,054/-. In the light of the above, complainant is required to pay the said due amount and get the no due certificate from the opposite parties. Therefore, the opposite party has prayed to dismiss the complaint. <br /> 3. Affidavit evidence of both the parties filed.<br /> 4. Arguments are heard. <br /> 5. The points for consideration are:<br /> 1. Whether the complainant has proved deficiency of service on the part of opposite parties?<br /> 2. Whether the complainant is entitled for any relief? <br /> 6. Almost all the facts are admitted in this case. The complainant had taken loan from the opposite party bank and repaid the loan amount in monthly equated installments. As per the opposite parties it has received all the payments except for one installment of Rs. 1,661/-. The complainant has given 21 post dated cheques and cheque dated 05.02.2006 for Rs. 1,661/- drawn on Post Office Savings Bank, Tumkur got dishonoured. Therefore, the complainant has not paid one installment and that amount remained due. This has reflected in the account statement of complainant. Therefore, the complainant cannot demand No Objection Certificate from the opposite party since, he has still due of one installment. So under these circumstances it cannot be said that the opposite party bank has committed any deficiency in service. Therefore, the complainant is not entitled for the relief. If the complainant wants No Due Certificate and return of documents he has to approach the bank and clear the dues on the loan account. If the complainant still disputes the account statement then he has to file his complaint before the Banking Ombudsman constituted as per the RBI Guidelines. The Banking Ombudsman is a competent authority to decide the issues between the parties and pass appropriate orders. On this ground also the complaint is not maintainable. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is dismissed.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 22ND DAY OF APRIL 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />