BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH ======== Consumer Complaint No | : | 602 of 2010 | Date of Institution | : | 04.10.2010 | Date of Decision | : | 01.09.2011 |
Chaman lal s/o Sh.Des Raj, R/o House No.2390, Dadu Majra Colony, U.T. Chandigarh. ….…Complainant V E R S U S 1. ICICI Bank Ltd., SCO No.182-183, Sector 9-C, Madhya Marg, Chandigarh, through its Branch Manager. 2. ICICI Bank Ltd. Corporate Office : ICICI Bank Towers, Bandra Kurla Complex, Mumbai-400051 through its Manager. ..…Opposite Parties CORAM: SH.P.D.GOEL PRESIDENT SH.RAJINDER SINGH GILL MEMBER DR.(MRS.) MADANJIT KAUR SAHOTA MEMBER Argued by:Sh. Sandeep Bhardwaj, Counsel for Complainant. Sh.Sandeep Suri, Counsel for OPs. PER SH.P.D.GOEL, PRESIDENT As per averments made in the complaint, the complainant purchased one Maruti Zen LXI Car bearing Regn.No.CH03-X-4846 on 20.5.2006, which was got financed from OP No.1 vide Loan A/c No.LACHD00007045546. The EMI was fixed as Rs.6370/-. In January 2008, he approached the OP No.1 for making the full balance payment in lump-sum. The OPs issued one letter dated 19.3.2008 wherein it was stated that Rs.2,07,257.49 is outstanding as arrears against him. Vide letter dated 28.3.2008 (Annexure C-2), the OPs confirmed the acceptance of Rs.2,07,000/- as full and final settlement towards the entire loan. It is alleged that within a few days, the representative of OP No.1 visited the complainant and gave the account statement which showed Rs.2,07,000/- as outstanding towards the loan account. According to the complainant, he took the advance from the Commission Agent (AADTI) and paid it to the representative of OP No.1, who issued receipt No.7208756, dated 28.3.2008, Annexure C-3. The grouse of the complainant is that after making payment in full to the bank, the OPs failed to provide NOC/NDC and thus he is unable to get the vehicle cleared against hypothecation. All the efforts made by the complainant to get the NOC/NDC from the OPs could not fructify, hence this complaint. 2. OPs filed reply and it has been pleaded that the settlement letter dated 28.3.2008(Annexure C-2) and the receipt relied upon by the complainant, are forged and fabricated documents in respect of which the bank has already filed a complaint with the Police Authorities on 3.7.2008 that the said receipt book had been provided to M/s Anand Enterprises, 3280/1, Sector 44-D, Chandigarh and also at SCO 39, Top Floor, Sector 41-D, Chandigarh, for the purposes of collection of amounts and the same has not been returned back to the Bank. No amount, in respect of the receipts issued from the said receipt book, have been deposited with the OP Bank. It has further been pleaded that as no payment has been made to the bank, there is no question of issuing the No Due Certificate to the complainant in respect of his loan. Denying all the material allegations of the complainant and pleading that there has been no deficiency in service or unfair trade practice on their part prayer for dismissal of the complaint has been made. 3. Parties led evidence in support of their contentions. 4. We have heard the learned counsel for the parties and have also perused the record. 5. The case of the complainant is that OPs wrote letter dated 28.03.2008 (Annexure C-2) and thereafter the amount of Rs.2,07,000/- was paid by him to the OPs vide receipt dated 27.03.2008 (Annexure C-3). The OPs have raised the plea that the settlement letter dated 28.03.2008 (Annexure C-2) and receipt dated 27.03.2008 (Annexure C-3) are forged and fabricated documents. 6. Annexure C-2 is the letter dated 28.03.2008 of the OPs, wherein, the acceptance of Rs.2,07,000/- has been confirmed towards full and final settlement of the loan account No.LACHD00007045546 on one time basis. Annexure C-3 is the receipt dated 27.03.2008 issued by OPs to the tune of Rs.2,07,000/-. The mere filing of a complaint before the police on 03.07.2008 against Sh.Arun Sharma for cheating is not sufficient to conclude that the documents (Annexure C-2 and C-3) are forged and fabricated. It will not be out of place to mention here that the letter dated 28.03.2008 (Annexure C-2) and receipt dated 27.03.2008 (Annexure C-3) are on the letter head of the OPs-ICICI Bank, therefore, it can legitimately be concluded that the OPs have confirmed the acceptance of Rs.2,07,000/- on one time basis as full and final settlement of the loan account No.LACHD00007045546 and the complainant had paid the Rs.2,07,000/- and OPs in token thereof had issued the receipt dated 27.03.2008 (Annexure C-3). 7. Now it is established that the complainant had made the payment of Rs.2,07,000/- as full and final settlement of the loan account No.LACHD00007045546, therefore, OPs are under legal obligation to issue the NOC/NDC to the complainant. 8. As a result of the above discussion, this complaint is accepted and OPs are directed to issue NOC/NDC to the complainant forthwith and also to pay a sum of Rs.25,000/- to the complainant as compensation for mental agony and harassment besides Rs.10,000/- as costs of litigation, within one month from the date of receipt of the certified copy. 9. The certified copies of this order be sent to the parties free of charge. The file be consigned. | Sd/- | | Sd/- | Sd/- | 01.09.2011 | [ Madanjit Kaur Sahota] | | [Rajinder Singh Gill] | (P.D.Goel) | | Member | | Member | President |
| | MR. RAJINDER SINGH GILL, MEMBER | HONABLE MR. P. D. Goel, PRESIDENT | DR. MRS MADANJIT KAUR SAHOTA, MEMBER | |
