BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL

Present: Sri. T.Sundara Ramaiah, B.Com B.L., President

And

Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member

And

         Smt. S.Nazeerunnisa, B.A., B.L., Lady Member

Monday the 4^th day of June, 2012

C.C.No.74/2011

Between:

S.Murali, S/o.Katamaiah,

H.No.11-862, Obuladeva Nagar,Anantapur - 515 001.                                            

              …Complainant

                                                    -Vs-      

1. ICICI Bank Limited, Represented by its Branch Manager,

   40-384/1, U-Con Plaza, Park Road,Kurnool - 518001     

2. ICICI Bank Limited, Represented by its Authorised Signatory,

   RAPG DIVISION, Level II West Wing

   1-11-256, St.No.1,Begumpet, Hyderabad - 500 016.                                      

...Opposite ParTies

This complaint is coming on this day for orders in the presence of Sri M.Sivaji Rao, Advocate for complainant and Sri S.V.Krishna Reddy, Advocate for opposite parties 1 and 2 and upon perusing the material papers on record, the Forum made the following.

  ORDER

(As per Sri. T.Sundara Ramaiah, President)                                                             C.C. No.74/2011

1.     This complaint is filed under section 11 and 12 of C. P. Act, 1986 praying:-

1.   To direct the opposite parties to issue No Due Certificate and No Objection Certificate in the name of the complainant;

1.   To pay a sum of Rs.50,000/- towards the compensation for mental agony and hardship;

1.   To pay the costs of this complaint;

1.   To grant any other order or orders that are deem to be fit and proper in the circumstances of the case.

2.    The case of the complainant in brief is as under:- In the year, 2005 the complainant purchased one Ashok Leyland Ecomet Vehicle from Automotive Manufacturers Private Limited, Kurnool. For purchasing the said vehicle the complainant took a loan of Rs.5,39,000/- from opposite party No.1.  The said loan has to be repaid in 46 installments at Rs.13,626/- per installment.  The 47^th installment has to be waived off at termination.  The complainant paid all the installments from 26-11-2000 to 26-11-2010.  After paying all the installments the complainant requested opposite party No.1 to issue No Due Certificate and No Objection Certificate for cancellation of hypothecation in Registration Certificate.  The opposite party No.1 did not issue No Objection Certification to the complainant.  At last on 08-11-2010 the complainant got issued a legal notice to the opposite parties.  The opposite parties received the said notices, but did not give any reply.  An account of the attitude of the opposite parties, the complainant suffered mentally.  Hence the complaint.

3.     Opposite party No.1 filed written version and the same is adopted by opposite party No.2.  It is stated in the written version of opposite party No.1 that the complainant approached the Forum without clean hands.  The complainant failed to disclose all the material facts.  The complainant was granted commercial vehicle loan of Rs.5,40,000/-.  The said loan was repayable from 06-07-2005 to 06-05-2009.  The complainant agreed to pay installments regularly in 47 equal monthly installments.  The complainant committed default in making the payment.  As a result the account was treated as a Non Performing Assets. As per the facility agreement the opposite parties have assigned the complainant’s loan account to M/s Magma Leasing Finance Limited, Kolkata.  The opposite parties forwarded the loan account of the complainant along with all documents to M/s Magma Leasing Finance Limited, Kolkata and intimated the same to the complainant through a letter dated 25-09-2009.  As the loan account of the complainant was already transferred to M/s Magma Leasing Finance Limited, the opposite parties are not liable to issue No Objection Certificate.  There is no deficiency of service on the part of opposite parties.  The complaint is liable to be dismissed. 

4.     On behalf of the complainant Ex.A1 and A2 are marked and sworn affidavit of the complainant is filed. On behalf of the opposite parties 1 and 2 Ex.B1 is marked and sworn affidavit of opposite party No.1 is filed.

5.     Both sides filed written arguments.

6.     Now the points that arise for consideration are:

1. Whether there is deficiency of service on the part of Opposite Parties?

1. Whether the complainant is entitled for the reliefs as prayed for?

1. To what relief?

7.      POINTS i and ii:-  Admittedly the complainant purchased Ashok Leyland  Ecomet  vehicle in the year, 2005.  The complainant obtained loan from opposite party No.1 for purchasing the said vehicle.  The loan amount of Rs.5,40,000/- along with interest was repayable in 47 monthly equal installments from 06-07-2005 to 06-05-2009. The complainant to show that he obtained loan from opposite party No.1 bank relied on Ex.A2 loan account statement.  In Ex.A2 it is mentioned that the amount financed by the opposite party No.1 bank to the complainant is Rs.5,40,000/-.  It is also mentioned that the said amount with interest is repayable in 47 monthly equal installments.

8.     It is the case of the complainant that he paid 46 installments regularly and that the balance amount was waived by the bank.  The complainant filed Ex.A2 copy of the loan account statement, wherein it is mentioned that over due amount was waived off at termination on 16-09-2009.   In the last entry dated 19-09-2009 in Ex.A2 it is mentioned that the amount was adjusted.  It is the contention of the opposite parties that the complainant was not regular in paying the installments that the account of the complainant was treated as Non Performing Asset and it was transferred to M/s Magma Leasing Finance Limited, Kolkata as per the facility agreement and the same was intimated to the complainant.  The opposite party No.1 bank did not choose to file the copy of the agreement to establish that it got power to transfer the loan account of the complainant to M/s Magma Leasing Finance Limited, Kolkata.  If the loan account was transferred to M/s Magma Leasing Finance Limited, Kolkata, it is not known as to why the same is not mentioned in Ex.A2 copy of the loan account statement of the complainant.  It is clearly mentioned in Ex.A2 that the amount due by the complainant was waived off at termination and the amount was adjusted.  As the balance amount due by the complainant was waived off, the question transferring the account of the complainant did not arise.  Opposite party No.1 did not file even a single document to establish that all the documents relating the account of the complainant were sent to M/s Magma Leasing Finance Limited, Kolkata.  As the account of the complainant was closed by the opposite party No.1 bank by waiving the over due amount, the opposite party No.1 has to issue No Due Certificate to the complainant.  The opposite parties failed to issue No Due Certificate and No Objection Certificate to the complainant even after filing of the complainant.  There is deficiency of service on the part of opposite parties. 

9.     In the result, the complaint is partly allowed directing the                                      opposite parties to issue No Due Certificate and No Objection Certificate to the complainant within the period of two months and    pay costs of Rs.500/- to the complainant.

        Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 4^th day of June, 2012.

  Sd/-                                  Sd/-                                   Sd/-        

MALE MEMBER                      PRESIDENT                 LADY MEMBER

                                 APPENDIX OF EVIDENCE

                                    Witnesses Examined

For the complainant : Nil                 For the opposite parties : Nill

List of exhibits marked for the complainant:-

Ex.A1                Photo copy of Letter by opposite party No.2 to Automotive

                Manufacturer Private Limited, R.P.Road, Secunderabad,

dated 24-06-2005.

Ex.A2.       Photo copy of Account Statement issued by opposite party

No.1 to complainant dated 26-11-2010.

List of exhibits marked for the opposite parties:-

Ex.B1                Registered Cover along with Acknowledgement. 

  Sd/-                                  Sd/-                                   Sd/-        

MALE MEMBER                 PRESIDENT                   LADY MEMBER

    // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987//

Copy to:-

Complainant and Opposite parties  :

Copy was made ready on             :

Copy was dispatched on               :