BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SIRSA.
Consumer Complaint no. 119 of 2019
Date of Institution : 07.03.2019
Date of Decision : 30.07.2019
Sandeep Kumar aged about 30 years son of Shri Jagdish Kumar, resident of village Barasari, Tehsil Nathusari Chopta, Distt. Sirsa.
……Complainant.
Versus.
- HDFC Bank Limited, Sangwan Chowk, Sirsa, through its Branch Manager.
- HDFC Bank Limited, Regd. Office at HDFC Bank House, Sena Pati Bapat Marg, Lower Parel, Mumbai- 400013, through its Regional Manager.
...…Opposite parties.
Complaint under Section 12 of the Consumer Protection Act,1986.
Before: SHRI R.L. AHUJA…… PRESIDENT.
SMT. SUKHDEEP KAUR……… MEMBER
Present: Sh. V.P. Arora, Advocate for complainant.
Opposite party no.1 exparte.
Sh. M.S. Sethi, Advocate for opposite party no.2.
ORDER
In brief the case of complainant is that complainant availed the KCC limit facility and term loan facility from the opposite parties in the year 2014 and agricultural land of complainant was mortgaged. That KCC limited loan account no.5010006869131 was opened on 9.12.2014 and term loan account no.50200009205011 was opened on 10.1.2014 and were cleared on 1.12.2018 and 30.11.2018 respectively. It is further averred that complainant deposited all amounts outstanding against him and nothing was due against him as per account statement supplied by the ops. It is further averred that complainant requested the ops to issue No dues certificate, so as to enable to get released his agricultural land mortgaged with the bank/ ops, but despite several oral and written requests and issuance of legal notice dated 4.2.2019 the ops have not issued the same to the complainant. The op no.1 also got completed all formalities and obtained signature of complainant on prescribed form and application for issuance of NOC but due to non issuance of no dues certificate, the ops have caused unfair trade practice and gross deficiency in service towards the complainant. Hence, this complaint.
2. On notice, opposite party no.1 failed to appear despite service and was proceeded against exparte.
3. On notice, opposite party no.2 appeared and filed written statement taking certain preliminary objections. It is submitted that KCC limit account and term loan account of complainant have been closed and in this way he is no more consumer of the answering op. It is further submitted that complainant has deposited the outstanding amount in account No.5010006869131 and 50200009205011. It is further submitted that Rohtash and Mahabir sons of Rameshwar have also availed financial assistance from op bank for the amount of Rs.19,50,000/- since 17.4.2015. The complainant had stood guarantor for the said loan amount and executed agreement for term loan cum guarantee cum hypothecation dated 10.4.2015 with Rohtash and Mahabir in favour of the bank for said amount of Rs.19,50,000/-. It is further submitted that liability of borrower and guarantor is jointly and severally. In this way, said complainant being guarantor is also liable to pay said loan amount. Hence, till the clearance of said loan amount, bank cannot issue no dues certificate to the complainant. Remaining contents are denied and prayer for dismissal of complaint made.
4. The parties then led their respective evidence.
5. We have heard learned counsel for the parties and have perused the case file carefully.
6. The complainant in order to prove his complaint has furnished his affidavit Ex.CW1/A and has also furnished documents i.e. copies of statements of account Ex.C1, Ex.C2, copy of legal notice Ex.C3, postal receipts Ex.C4, Ex.C5, copies of receipts Ex.C6, Ex.C7, copy of his aadhar card Ex.C8, copy of order dated 10.5.2019 ExC9 and copy of jamabandi for the year 2012-2013 Ex.C10. On the other hand, op no.2 has furnished affidavit of Sh. Saurabh Mehta, Assistant Manager & GPA Ex.R1 and copy of demand promissory note Ex.R2, copy of letter of continuity for DP note Ex.R3, copy of terms of loan Ex.R4 and Ex.R5 and copy of statement of account of Rohtash Ex.R6.
7. Admittedly, the complainant availed KCC loan from the opposite parties vide loan account no.5010006869131 and term loan vide account no.50200009205011 from the ops in the year 2014. It is also an admitted fact on record that complainant deposited entire dues for both accounts, but however, the ops have not issued the no dues certificate to the complainant on the ground that complainant is guarantor in some loan account of Rohtash and Mahabir sons of Rameshwar in which they are defaulters and complainant is jointly and severally liable for repayment of the loan amount. The perusal of the evidence of complainant reveals that ops have already issued statements of accounts Ex.C1 and Ex.C2 qua zero balance of the aforesaid accounts of the complainant.
8. During the course of arguments, it has been conceded by learned counsel for op no.2 that nothing is due against the complainant qua his aforesaid accounts of KCC and term loan which was advanced to the complainant, but however, some defaulting amount is due in the account of Rohtash and Mahabir sons of Rameshwar in which he is guarantor and he is jointly and severally liable. It appears from the record that nothing is due against the complainant in his KCC account and term loan account, but however, the ops arbitrarily and illegally not issuing the no dues certificates qua the aforesaid accounts of the complainant, which clearly amounts to deficiency in service on the part of ops.
9. In view of above discussion, we allow this complaint and direct the opposite parties to issue no dues certificates qua accounts nos. 50100068691931 (as per statement of account Ex.C1) and 50200009205011 of the complainant and further directed to pay Rs.5000/- as composite compensation and litigation expenses to the complainant within a period of 30 days from the date of receipt of copy of this order. But however, the ops are at liberty to proceed against the complainant qua loan account of Rohtash and Mahabir in which complainant had stood guarantor in accordance with law. A copy of this order be supplied to the parties free of costs. File be consigned to the record room.
Announced in open Forum. Member President,
Dated:30.7.2019. District Consumer Disputes
Redressal Forum, Sirsa.
