Order No.  18  dt.  04/10/2016.

          The case of the complainant in brief is that the complainant has availed of loan being STPL loan vide loan account no. LICAL00007212662 from the o.p. The complainant stated that the loan account has finally been settled with o.p. and issued a settlement letter by them to the complainant through a letter dt. 20/11/2008. A copy of the said letter has been annexed by the complainant with the petition of complaint as annexure ‘A’.

            The complainant stated that after receiving the said letter he paid the entire settlement amount to the o.p. through a demand draft being no. 131006 dt. 22/11/2008 and the same was deposited to the o.p. on the same date. Copy of the demand draft has been annexed with the petition of complaint as annexure ‘B’.

            The complainant stated that in spite of the above facts and circumstances the o.p. did not issue any ‘no objection’ certificate to that effect.

            The complainant stated that the o.p. through its advocate issued a demand notice dt. 16/01/2014 to the complainant and called upon the complainant to pay a sum of Rs. 73,463/- in respect of the said loan account. A copy of said demand notice dt. 16/01/2014 has been annexed by the complainant with the petition of complaint as annexure ‘C’.

            Under such circumstances being aggrieved, the complainant filed the instant case before this Forum with a prayer contained in the prayer portion of the petition of complaint.

            The o.p. has appeared before this Forum and contested the case by filing w/v. The o.p. submitted that despite the bank’s intention to amicably resolve the matter but the complainant prefer to file the instant case even after receipt of ‘no due certificate’ only for unlawful gain. The o.p. has alleged that the complainant availed of STPL loan facility from the o.p. and thereafter defaulted in payment of the same.

            The o.p. also stated that they had inadvertently issued the demand notice for some technical mistake on their part and for which it can not be called as deficiency of service since it is a technical fault.

            The o.p. in their w/v denied the allegations made by the complainant in the petition of complaint and inter-alia prayed for dismissal of the case.

Decision with reasons:

            Upon considering the submission of the parties and on careful scrutiny of the entire materials on record this Forum hold that though the o.p. has stated that they issued a ‘no objection certificate’ to the complainant in respect of his loan but failed to produce any such documents and / or not even annexed copy of such document with the w/v. The o.p. stated that they have issued the demand notice to the complainant inadvertently due to some technical problems by them and for which the o.p. submitted that they have made no deficiency of service to the complainant since it is due to technical fault. In our opinion such explanation by the o.p. is not tenable, besides issuance of such demand notice caused sufficiency mental agony to the complainant in spite of submission of the demand draft to the complainant well ahead before issuance of demand notice.

            In view of the above, this Forum hold that the o.p. had made deficiency of service to the complainant and for which the complainant is entitled to relief.

            Hence ordered,

            the o.p. is directed to issue a ‘no objection certificate’ in respect of the STPL loan being loan account no. LICAL00007212662 in favour of the complainant. The o.p. is also directed to pay the compensation of Rs. 10,000/- for his mental agony and harassment and also to pay Rs. 2,000/- as litigation cost within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.

            Supply certified copy of this order to the parties free of cost.