Haryana

Bhiwani

CC/219/2021

Sajjan - Complainant(s)

Versus

HDFC Bank - Opp.Party(s)

Sajjan Khangwal

13 Nov 2024

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BHIWANI.

                                                           

               Complaint Case No.    :  219 of 2021

                                                       Date of Institution       :   08.10.2021

                                                        Date of Decision          :  13.11.2024

 

 

 

Sajjan Khangawal,  (Retired Assistant District Attorney) R/o H.No.12, Ground Floor, New Housing Board Colony, Dadri Gate, Bhiwani.

              ..…Complainant.

 

  Versus

 

 

HDFC Bank Limited S/175D, Meham Road, Meham Chowk, Bhiwani 127021 through its authorized signatory.

 

                                                  .…Opposite Party

 

Complaint U/s 35 of the Consumer Protection  Act, 2019.

 

                                                               

 

 

BEFORE:     Mrs. Saroj Bala Bohra, Presiding Member.

Ms. Shashi Kiran Panwar, Member.

 

Present:-       Smt. Anuradha Khanagwal, Advocate for complainant.

Sh. Rajender Verma, Advocate for OP.

 

ORDER

 

Saroj Bala  Bohra, Presiding Member.

 

1.                 Brief facts of the present complaint are that complainant availed a loan for car bearing registration no.HR-16T-5205 from OP and monthly installments were being paid regularly and now nothing is due against the loan amount. Complainant has alleged that OP bank is not releasing the registration certificate of the said car in order to grab money from him qua an old dispute of ATM charges shown to be delivered to the complainant. Complainant has submitted that he has visited the OP bank many times to return the R.C. but the OP bank failed to return the same despite issuance of legal notice dated 20.02.2019. Complainant has submitted that in the absence of the R.C. of the vehicle, he is suffering a lot while driving the vehicle on road. Hence, the present complaint has been preferred by complainant seeking directions against the OP to handover or release the registration certificate of the car against whom entire loan has already deposited. Further to pay Rs.1.00 lac as compensation for harassment besides Rs.20,000/- towards litigation expenses. Any other relief, to which this Commission deems fit, has also been sought. 

2.                 Upon notice, OP appeared through counsel and filed reply raising preliminary objections qua maintainability of complaint, cause of action, territorial jurisdiction and concealment of true facts. On merits, it is submitted that the complainant had availed the car loan facility in September 2017 and closed his loan account without raising any objection on 13.11.2020. But the complainant intentionally has not mentioned the facility of credit card availed by him in September 2018 vide  credit card bearing no.5459XXXXXXX6168, AAN No.1014610014696064 An amount of Rs.7605.87p. is still due in the credit card facility alongwith interest and other charges upto 30.03.2022 and the complainant is liable to make the payment thereof alongwith upto date interest. Thus unless and until, complainant did not clear all the facilities availed by him from the OP, he is not entitled to get the NOC of the car loan. As such, there is no deficiency in service on the part of OP and prayed for dismissal of the complaint with costs.

3.                 On behalf of complainant, his affidavit Ex.CW1/A alongwith documents Ex. C-1 to Ex. C-5 were filed in evidence and then closed the same on 08.12.2023.

4.              On the other side, affidavit of Sh. Aakash Sharma, authorized signatory as Ex.RW1/A alongwith document Annexure  R-1 to Annexure R-13 were filed in evidence and then closed the same on 16.08.2024.

5.              We have heard learned counsels for the parties and perused the entire record minutely.

6.                 Admittedly, the complainant had cleared the entire loan amount taken towards car facility loan.  The grievance of complainant is that the OP bank despite making all the payments in the loan account, registration certificate of the vehicle has not been released to him which causing him mental and physical harassment while driving the vehicle on road. OP has pleaded that there is some amount pending in the credit card facility account of complainant, therefore, NOC has not been released to him.

7.                 From the record, it emerges that the car loan was taken in September 2017 and that has cleared by complainant, therefore, no occasion has arisen to OP to withhold the R.C. of the vehicle of complainant. It is pertinent to mention here that the credit card facility and car loan facility are two separate kind of loans and as admitted by OP, complainant has cleared the car loan amount, therefore, we do not find any justification in withholding the R.C. of the vehicle by OP bank on the pretext that the credit card facility amount is due towards the complainant. No doubt, there must be some amount due towards complainant but to get the same, alternative remedy can be adopted by OP bank rather to withhold the R.C. of the vehicle. 

8.                 In view of the above, we have observed that the complainant is entitled to get back the Registration Certificate of the vehicle as well as NOC qua the loan account of the car from OP bank. Further, it is observed that due to deficient and negligent service of the OP bank, complainant must have harassed mental and physical harassment. Hence, the complainant is also entitled to get compensation for harassment. As such, the complaint is allowed and OP is directed to comply with the following directions within 30 days from the date of passing of this order:-

(i)       To return the Registration Certificate of the car to the complainant alongwith NOC of the loan account pertaining to the said car.

(ii)      To pay Rs.10,000/- (Rs.Ten thousand) as compensation for harassment.

(iii)     Also to pay Rs.5500/- (Rs. Five thousand five hundred) as litigation expenses.

                    In case of default, the OP shall be liable to pay Rs.100/- (Rs. one hundred) per day for the period of default.

                    Further, if this order is not complied with, then the complainant shall be entitled to the execution petition under section 71 of Consumer Protection Act, 2019 and in that eventuality, the opposite party may also be liable for prosecution under Section 72 of the said Act which envisages punishment of imprisonment, which may extend to three years or fine upto rupees one lac or with both.  Copies of this order be sent to the parties concerned, free of costs, as per rules.  File be consigned to the record room after due compliance. 

Announced.

Dated:13.11.2024