BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, SIRSA.              

                                                          Consumer Complaint no. 59 of 2023.                                                                      

                                                       Date of Institution :    06.02.2023.

                                                          Date of Decision   :    19.10.2023.

Ranbir, aged 46 years son of Shri Dalip Kumar, resident of village Rupana, Tehsil and District Sirsa.

                                ……Complainant.

                             Versus.

HDFC Bank Ltd., Branch Sangwan Chowk, Circular Road, Sirsa, District Sirsa, through its Branch Manager.

...…Opposite party.

            Complaint under Section 35 of the Consumer Protection Act, 2019.

Before:       SH. PADAM SINGH THAKUR ………………PRESIDENT                               

                MRS.SUKHDEEP KAUR……………………….MEMBER.

Present:       Sh. B.S. Vinayak, Advocate for complainant.

                   Opposite party already exparte.                                                          

ORDER

                   In brief, the case of complainant is that complainant had purchased a Car make Mahindra Scorpio model S10 2.2 Mhawk, M-H- 2WD in the year 2015 which was got registered vide registration No. HR-24U/0888 and vehicle was purchased through finance facility availed from opposite party (hereinafter referred as OP) bank. The complainant has paid all the installments of the Scorpio from time to time without any delay. It is further averred that as per settlement of loan account no. 31876432 between the complainant and op bank, the complainant had paid an amount of Rs.1,05,000/- i.e. the remaining balance amount to the op bank and in this respect on 31.12.2019 the op bank has issued the clearance letter in favour of complainant but no objection certificate was not issued in favour of complainant. That in this regard op bank put the lame excuse and requested to visit on the next day for no objection certificate. It is further averred that since from 31.12.2019 the complainant demanded No Objection Certificate from the op, for releasing the hypothecation from the registration certificate of the vehicle but the op bank is putting off the complainant on pretext or the other. That thereafter many times the complainant approached the op and requested the op to issue the no objection certificate but the op always lingered on the matter and put it off with one pretext or the other and due to their above said act and conduct the complainant has undergone much mental tension, humiliation and has harassed the complainant for which the complainant is also legally entitled to compensation. Hence, this complaint.

2.       On notice, none appeared on behalf of op despite service and therefore, op was proceeded against exparte.

3.       The complainant in evidence has tendered his affidavit Ex. CW1/A and copies of documents i.e. certificate of registration Ex.C1, settlement offer Ex.C2, receipt of the amount of Rs.1,05,000/- Ex.C3 and fees certificate of Rs.11,000/- issued by counsel for complainant as Ex.C4.

4.       We have heard learned counsel for the complainant and have gone through the case file carefully.

5.       The complainant in order to prove his complaint has furnished his affidavit Ex. CW1/A in which he has reiterated all the contents of his complaint. It is also proved on record from settlement offer of loan Ex.C2 given by op bank that on 23.12.2019 complainant was given an offer of settlement after paying amount of Rs.1,05,000/- and he was to deposit the said amount with op bank up to 31.12.2019. Accordingly the complainant paid the said amount of Rs.1,05,000/- to the op bank on 30.12.2019 as is evident from receipt Ex.C3. The pleadings as well as evidence led by complainant gone as unchallenged and unrebutted as op despite service of notice failed to appear and opted to be proceeded against exparte. During the course of arguments learned counsel for complainant has also placed on file statement of account of loan, the perusal of which reveals that complainant has paid loan amount in installments and has cleared the loan amount on 31.12.2019 by paying remaining amount of Rs.1,05,000/- as per settlement and now nothing is outstanding against the op bank. The status of loan is shown as closed in the said statement of account by op bank itself.  So, it is proved on record that despite payment of above said amount of Rs.1,05,000/- by the complainant to the op towards settlement offer of loan given by op bank itself, the op bank has failed to issue no objection certificate to the complainant despite his several requests and visits which is clear cut deficiency in service and unfair trade practice on the part of op bank due to which complainant has suffered unnecessary harassment.

6.       In view of our above discussion, we allow the present complaint and direct the opposite party bank to issue “No Objection/ Dues Certificate” to the complainant and also to get released the hypothecation from the registration certificate of the vehicle in question of complainant within a period of 30 days from the date of receipt of copy of this order. We also direct the op bank to pay a sum of Rs.15,000/- as composite compensation for harassment and litigation expenses to the complainant within above said stipulated period. A copy of this order be supplied to the parties as per rules. File be consigned to the record room.  

Announced.                                       Member                President

Dt. 19.10.2023.                                                    District Consumer Disputes                                                                           

                                                                            Redressal Commission, Sirsa.