IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated, the 28th day of September, 2022
Present: Sri. Manulal V.S. President
Smt. Bindhu R. Member
Sri. K.M. Anto, Member
C C No. 303/2021 (Filed on 21-12-2021)
Petitioner : Sreelakshmi S.
D/o. Santhosh,
Pazhoocheril House,
Thrikkothamangalam P.O.
Vakathanam, Puthuppally,
Kottayam – 686011.
(Adv. Mathew Abraham and
Adv. Tom K. Jos)
Vs.
Opposite parties : (1) Hero Fincorp Ltd.
09, Basant Lok, Vasant Vihar,
New Delhi – 110057.
Rep. by its Managing Director.
(2) Jubily Automobiles
(Dealer of Hero Fincorp &
Hero Moto Corp)
Pukadiyil Buildings,
Nagampadom, Kottayam
Pin – 686006.
Rep. by its Chief Manger,
Two-wheeler Loans division
O R D E R
Sri. K.M. Anto, Member
The case is filed under Section 35 of the Consumer Protection Act, 2019.
The brief of the complaint is as follows.
The complainant had purchased a Hero Pleasure Scooter on 27-09-2018 from the second opposite party with the financial assistance of first opposite party vide loan account No.KTYTWL00100002908455 dated 29-09-2018 for a sum of Rs.50,300/-. The scooter was registered with Reg. No. KL-33-K-8867. The complainant had agreed to re-pay the loan with interest in 24 instalments as per the loan agreement. The complainant was regularly paying the instalments and had paid the final loan settlement amount on 19-11-2020. On 24-11-2020, the complainant requested the opposite parties to issue No Due Certificate / No Objection Certificate (NDC/NOC) in favour of the complainant. The officials of the opposite parties promised to issue the NDC/NOC within 35 days and they confirmed that all the payments were received. But the opposite parties failed to issue the NDC/NOC to the complainant. The complainant had issued a lawyers notice on 22-10-2021. Eventhough the opposite parties received the legal notice on 27-10-2021, the opposite parties have not cared to issue the NDC/NOC. The act of the opposite parties is deficiency in service and unfair trade practice. Hence this complaint is filed.
On admission of the complaint, copy of the complaint was duly served to the opposite parties. The opposite parties failed to file their version or to appear before the Commission to defend their case. The opposite parties 1 and 2 were set exparte.
The complainant filed proof affidavit and marked documents as Exts.A1 to A4.
On the basis of the complaint, proof affidavit of the complainant and evidence adduced, we would like to consider the following points.
- Whether there is unfair trade practice or deficiency in service on the part of the opposite parties?
- If so, what are the reliefs and costs?
For the sake of convenience, we would like to consider Point No.1 and 2 together.
Point No.1 and 2
On the basis of the complaint, proof affidavit of the complainant and evidence on record, it is clear that the complainant had purchased a Hero Pleasure Scooter from the second opposite party on 27-09-2018 and had availed a vehicle loan from the first opposite party on 29-09-2018 for an amount of Rs.50,300/-. The loan amount had to be repaid in 24 monthly instalments. The vehicle was registered with Reg.No.KL-33-K-8867. Ext.A1 is the tax invoice No.11159BI18S2279 dated 27-09-2018 for sale of Hero Pleasure for a total amount of Rs.47,000/- issued to the complainant by the second opposite party.
Ext.A2 is the RC book copy of KL-33-K-8867 Hero Pleasure with hypothecation to the first opposite party.
Ext.A4 is the account statement of the loan agreement No.KTYTWL00100002908455 .
In Ext.A4, the loan principal amount is Rs.50,300/-. Loan tenure is 25 and loan period 08-11-2018 to 08-02-2021. Total instalment paid Rs.60,882/-. Interest paid Rs.10,582/-.
From the above discussed evidence, it is clear that the complainant had remitted the loan amount with interest to the first opposite party. The first opposite party failed to file any evidence to show that they had to get any further amounts as per the loan agreement.
On the basis of the above findings, it is clear that the act of the first opposite party not issuing the No Due Certificate / No Objection Certificate (NDC/NOC) to the complainant after repaying the entire instalments is deficiency in service on their part.
Hence we allow the complaint and pass the following Orders.
- The first opposite party is directed to issue the No Due Certificate / No Objection Certificate (NDC/NOC) to the complainant for the scooter with Reg. No.KL-33 K 8867.
- The first opposite party is directed to pay Rs.7,500/- for the mental agony and hardship sustained to the complainant with cost Rs.1,000/-
The Order shall be complied within 30 days from the date of receipt of copy of this Order. If not complied as directed, the amounts will carry 9% interest from the date of Order till realization.
Pronounced in the Open Commission on this 28th day of September, 2022
Sri. K.M. Anto, Member Sd/-
Sri. Manulal V.S. President Sd/-
Smt. Bindhu R. Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1 – Copy of tax invoice dtd.27-09-18 issued by 2nd opposite party
A2 – Copy of RC book (KL-33-K-8867)
A3 – Copy of lawyers notice dtd.22-10-21 sent to 1st opposite party
A4 – Copy of account statement of loan agreement
(KTYTWL00100002908455)
Exhibits marked from the side of opposite party
Nil
By Order
Sd/-
Assistant Registrar
