Complainant Santosh Kumar filed this complaint for compensation of Rs. 1,00,000/- and litigation cost of Rs. 10,000/-.

2          The case of the complainant is that he purchased one motor cycle Passion Pro on finance from O.P. on 30.12.2014 and EMI was Rs. 2253/- for two years. He paid all the outstanding bills on 25.01.2016 and asked for NOC and six cheques given as security. O.P. assured to give in two to four days.

            Again on 04.01.2016, he purchased a Glamour Motorcycle on finance from O.P. and EMI was fixed Rs. 2876/- for 18 months.

            It is alleged that he kept money in his SBI account for payment of EMI for second purchased motorcycle but O.P. has deducted for old loan account of the Passion Motorcycle in spite of the fact, the bill was already paid for the first motorcycle. On enquiry it was told by O.P., unless NOC is not issued he has to pay EMI as earlier. However, the NOC was given but the cheque was not returned.

                                                            On demand of Bank Statement, it is shown Rs. 2253/- was deducted, which was never returned.

                        A legal notice was sent on 15.02.2016 and hence this case is filed.

3          The following Anxs are filed in support:-

Anx-1 Copy of Passbook showing deduction of Rs. 2253/-.

Anx-2 Copy of payment receipt of Rs. 27,579/-on 25.01.16.

Anx-3 Copy of foreclosure statement of loan account……218660

4          O.Ps. appeared and jointly filed W.S. it is submitted that there is no cause of action and the complaint is not maintainable. It is admitted that NOC was given on 19.02.2016 through courier. It is submitted that the security will be refunded after considering all dues etc. The first account of the loan was closed on 05.02.2016, so if any excess amount was taken, shall be adjusted in the second loan. Therefore, there is no deficiency in service and this case is liable to be dismissed.

                        O.Ps. filed Anx-A – Copy of foreclosure statement of loan account ….640649.

F I N D I N G S

5          Complainant being purchaser of the vehicle on finance from O.Ps., hence we hold he is a consumer and dispute is within purview of consumer dispute.

6          The crux of the matter is, O.Ps. had deducted Rs. 2253/- after closure of first loan account and assurance given to be adjusted in the second loan. But nowhere on the record it is shown by both the sides that this amount has been adjusted.

            It is also not brought on record by O.P. that the cheques kept in the form of security have been returned to the complainant. Anx-A filed by the O.Ps. do not show the adjustment or return of these cheques. O.Ps. are liable for deficiency in service.

7          Thus we hold, the case is maintainable and O.Ps. are directed to return the excess amount of Rs. 2,253/- to the complainant and further directed to return the cheques kept as security within 60 days of passing of this order.

            O.Ps. are further directed to pay compensation of Rs. 2,000/- (Rs. Two thousand) only for mental and physical harassment and litigation of Rs. 1000/- (Rs. One thousand) only to the complainant.

            All the amount must be paid within the time limit of 60 days, failing which interest @ 10% on the amount of Rs. 2,253/- (Rs. Two thousand two hundred fifty three) only will be chargeable till realization.