Palakkad – 678 001.                                   -        Opposite parties   

   (By Adv.M.Ramesh)                                                   

O R D E R

            By  Smt.SEENA.H. PRESIDENT

Complaint in brief:

Complainant availed a vehicle loan from 2^nd opposite party dated 07/09/2004 from an amount  of Rs.3 lakhs for which Rs.5850/- was fixed  as EMI.  59 post paid cheques were issued. Last EMI was collected on 18/7/2009.  Complainant has made a total payment of Rs.3,51,000/- The grievance of the complainant is that even though full amount was paid, opposite parties failed to issue  NOC.  Instead opposite party issued reminders alleging an amount of Rs.5850/- due in the loan account.  After  verification opposite party submitted  it to be a clerical mistake.  Again opposite party has issued demand legal notice dated 25/1/2011 to pay  a sum of Rs.14,399/- together with interest.  Hence the complaint.  Complainant prays for an order directing the opposite parties to issue NOC along with Rs.50,000/- as compensation for mental agony.

Opposite party filed version admitting issuance of vehicle loan to the complainant and repayment @Rs.5850/-  in 60 installments.  According to the opposite parties complainant has paid the whole loan amount except 2^nd installment.  2^nd installment was not credited to the loan account.  Over due charges  was claimed only for the defaulted payment.  Hence no deficiency  in service on the part of opposite parties.

Evidence led by complainant  consists of chief affidavit along with documents marked as  Ext.A1 to A6.  Opposite parties filed chief affidavit.  Ext.B1 marked.

Issues for consideration are

  1.Whether there is any deficiency in service on the part of opposite parties ?

2.If so, what is the relief and cost complainant is entitled to ?

Issue No.1

The grievance of the complainant is with respect to the non issuance of NOC even after payment of the whole loan amount.

Opposite parties on the other hand contented that cheque for the 2^nd installment of the complainant got bounced and hence loan account is still due for the said amount along with interest which amounts to Rs.14,399/-.

Heard both parties and has gone through the entire evidence on record.

Facts of the case are more or less admitted.  The only issue is with respect to the 2^nd installment paid  as per the post dated cheque numbered 565652.  According to  the complainant the said amount has been credited to the account of the opposite party.  Opposite party on the other hand submits that the said cheque  was not credited  and it was bounced  are revealed by  Ext.B1, which is the account statement  of the opposite party.  It is true that Ext.B1 account statement shows that post dated cheque No.565652 was bounced. But the corresponding documents produced  by the complainant  which is marked as Ext.A4 and A6 series which is the pass book and account statement of the Canara Bank  clearly shows that the amount was duly  credited to the  account of the opposite party.  Further it is strange  to see that opposite party has not given any notice to the complainant or has taken any steps to realize the said amount which according to opposite party has bounced in the year 2004.  Keeping mum for a period of about 6 years and claiming the installment amount along with interest and other charges is  clearly deficiency in service on the part of opposite parties.

In view of the above stated facts and circumstances of the  case, we are of the view that there is deficiency in  service on the part of opposite parties for which complainant  has to be adequately  compensated.

In the result complaint allowed and we order the following.

1)    Opposite 1 & 2 directed to issue NOC to the Sub RTO, Ottapalam to cancel the hypothecation over the vehicle of the complainant within a period of one month from the date of receipt of order.

2)    Opposite parties 1 & 2 jointly and severally directed to pay complainant an amount of Rs.10,000/- as compensation for the deficiency in service on the part of opposite parties.

3)    If the opposite parties failed to issue NOC within the ordered period opposite parties 1 & 2 will be liable to pay an additional amount of Rs.10,000/- to the complainant.

Order to be complied within a period of one month from the date of receipt of order, failing which the whole amount shall carry interest @9% per annum from the date of order till realization.

Pronounced in the open court on this the 18^th  day of November 2011.

            Sd/-

Seena.H

President

    Sd/-

Preetha G Nair

Member

     Sd/-

Bhanumathi A.K.

Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 – Legal Notice dated 25/1/11

Ext.A2 series – Copy of reply notice with postal receipts and AD cards

                      dtd.5/2/11

Ext.A3 – Amortization Schedule -1 of ICICI Bank dated 7/9/04

Ext.A4 – Original  Pass Book of Canara Bank Vellinezhi

Ext.A5 – Original Pass Book of Canara Bank, Kalluvazhi

Ext.A6 series  - Statement of account for the period 7/8/04 – 28/8/06 of

                         Canara Bank, Kalluvazhi

Exhibits marked on the side of the opposite parties

Ext.B1 series – Certified copy of account statement for the period from 14/8/04

                      to 13/10/11  ICICI Bank.

Cost Allowed

No cost allowed.