Before the District Consumer Disputes Redressal Commission, Rohtak.

                                                          Complaint No. : 198

                                                          Instituted on     : 24.04.2024.

                                                          Decided on       : 01.07.2024.

Sailesh age 47 years s/o Sh.Shilak Ram R/o H.No.1606, Sector-2, Rohtak.

                                                                   ………..Complainant.

                             Vs.

Hinduja Finland Finance Ltd. HUDA Complex, Near Telephone Exchange, Rohtak through its Branch Manager.

……….Opposite party.

COMPLAINT U/S 35 OF CONSUMER PROTECTION ACT

BEFORE:  SH.NAGENDER SINGH KADIAN, PRESIDENT.

                   DR. TRIPTI PANNU, MEMBER.

                   DR.VIJENDER SINGH, MEMBER.

Present:       Complainant in person alongwith Sh. Kuldeep Singh,

                   Advocate for the complainant.

                   Opposite party exparte.

                                      ORDER

NAGENDER SINGH KADIAN, PRESIDENT:

1.                Brief facts of the case as per the complainant are that he had purchased a vehicle pick-up Mahindra & Mahindra bearing registration no.HR-61C-7155  on 25.09.2014 through Lochab Motor authorized dealer of Mahindra & Mahindra, Rothak. The complainant obtained loan from respondent and to this effect the entry of hypothecation was entered in RC of the vehicle. The complainant regularly used to repay the loan installments as per terms and conditions of the respondent. Lateron on 14.08.2015, the complainant approached the office of respondent and the employee of the concerned company told that an amount of Rs.300000/- is remained due towards said loan. Thereafter he deposited Rs.300000/- and a receipt duly stamped by concerned official of the company on 14.08.2015 was issued by the official Amit. Thereafter, complainant again approached at the office of respondent on 16.09.2015 for obtaining NOC/clearance certificate of above said vehicle, which was issued by Sh. Deepak, duly stamped by the company. Hence the complainant had been discharged from his liability towards the vehicle against the company. Lateron, complainant sold the above-said vehicle to Om Parkash s/o Dariyao Singh. In the month of April 2022 the complainant had gone to Maruti Showroom for purchasing another vehicle on finance and on checking, it was revealed that the previous loan was already standing in the name of complainant and his CIBIL score was poor. Complainant approached opposite party and disclosed all the facts but they did not pay any heed. Complainant reported the matter to police on 20.07.2022 and a case vide FIR No.390 dated 23.09.2022 was got registered. On 14.12.2023 the respondent through his counsel served a false legal notice to the complainant and asked him to deposit an amount of Rs.343870/-  and also pressurized the complainant to withdraw the FIR. The complainant moved an application to the respondent and they assured to correct the CIBIL score of the complainant but even after passing a sufficient long period CIBIL score of the complainant has not been corrected so far. The act and conduct of the opposite party is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite party may kindly be directed to correct the CIBIL score of the complainant and withdraw the notice of due payment and issue NOC/No dues Certificate in favour of complainant, also to pay an amount of Rs.1000000/- as compensation on account of mental agony and harassment and Rs.22000/- as litigation expenses to the complainant.  

2.                After registration of complaint, notice was issued to the opposite party through Process Server of this Commission and the same was received back served. But none appeared on behalf of opposite party and opposite party was proceeded against exparte vide order dated 12.06.2024 of this Commission.

3.                Ld. Counsel for the  complainant in his evidence has tendered affidavit Ex.CW1, documents Ex.C1 to Ex.C27 and closed his evidence on 26.06.2024.

4.                We have heard learned counsel for the complainant and have gone through the  material aspects of the case very carefully.

5.                In the present case grievance of the complainant is that he repaid the loan amount but despite that opposite party issued notice to the complainant to pay the due loan amount and  his CIBIL Score was also not corrected by the opposite party. The bare perusal of the documents itself shows that the loan amount has been deposited  by the complainant on monthly basis and sometime hand-written receipts have been issued by the respondents. To prove this fact complainant has placed on record receipts Ex.C12 to Ex.C19, which are amounting to Rs.16600/- each except receipt Ex.C18 which is for Rs.300000/-.  After receiving the alleged amount, opposite party sent a letter Ex.C3 dated 16.09.2015 to the Registration Authority for clearance on Endorsement details in the registration certificate/HP Termination of the vehicle No.HR61C-7155 of the complainant. But the opposite party vide its letter dated 14.12.2023 Ex.C10 again demanded Rs.343870/- towards overdue amount from the complainant. But the opposite party has not issued any notice/demand notice/letter to the complainant for depositing the alleged amount from the period 2015 to 2023.  As per our opinion the complainant has already deposited the loan amount as per terms and conditions of the agreement. Nothing is due towards the complainant and as such the alleged letter dated 14.12.2023 has been wrongly issued by the opposite party to the complainant. Due to overdue amount shown in the loan account of complainant, his CIBIL Score was poor and he could not get another loan. The complainant has already sold the vehicle  and nothing is outstanding against the complainant.  Hence there is deficiency in service on the part of opposite party and opposite party is liable to compensate the complainant.

6.                In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite party to get correct the CIBIL score of the complainant, to issue NOC/No Dues Certificate in favour of the complainant and to withdraw the notice dated 14.12.2023 with immediate effect. Opposite party is further directed to pay a sum of Rs.25000/-(Rupees twenty five thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant. Order shall be complied within one month from the date of decision, failing which opposite party shall be liable to pay interest @ 9% p.a. on Rs.25000/-(Rupees twenty five  thousand only) from the date of filing the present complaint i.e. 24.04.2024 till its realization to the complainant.

7.                Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.

Announced in open court:

01.07.2024.

                                                          ................................................

                                                          Nagender Singh Kadian, President

                                                          ...............................................

                                                          Tripti Pannu, Member.                

                                                                        …………………………………………

                                                                        Vijender Singh, Member