Presented by Sri G.S.Pradhan, President. <br /> The petitioner has purchased a Tractor bearing it's Regd. No. OR-17-D-1256 for a sum of Rs.2,22,950/-(Rupees two lakh twenty two thousand nine hundred fifty)only being financed by the I.C.I.C.I. Bank which is to be payable in 35(thirty five) monthly equal installments of Rs.6,370/-(Rupees six thousand three hundred seventy)only each. The petitioner has already paid a sum of Rs. 1,97,560/-(Rupees one lakh ninety seven thousand five hundred sixty)only inclusive of interest out of the finance amount leaving a balance of Rs. 25,390/-(Rupees twenty five thousand three hundred ninety)only as on Dt. 28/08/2008. The Petitioner has paid one advance installment of Rs. 6,370/-(Rupees six thousand three hundred seventy)only at the time of finance of the vehicle to the agent who assured to adjust this installment at the time of final payment. After deducting this advance installment from the balance of Rs.25,390/-(Rupees twenty five thousand three hundred ninety)only, the Petitioner has already paid a sum of Rs.19,020/-(Rupees nineteen thousand twenty)only on Dt.20/09/2008 vide MR NO. 2713958. When on Dt. 28/08/2008 the Complainant asked the Opposite Party to close the account by depositing the balance amount, the Opposite Party handed over a statement showing Rs. 57,136/-(Rupees fifty seven thousand one hundred thirty six)only (which includes bouncing charge of cheques) as balance to be paid by the Complainant.<br /> <br /> The Petitioner claims that the due date of payment of installment was 23rd of each month where as the cheques have been bounced on Dt. 17/02/2006, Dt.02/03/2006 intentionally to harass the Complainant. Further the Opposite Party has charged over due charges on the payment already made vide demand draft No. A/275700 for Rs. 6,370/-(Rupees six thousand three hundred seventy)only Dt.24/01/2006.<br /> <br /> The Petitioner claims that he has already cleared up all the financed amount and the Opposite Party has unnecessarily trying to penalise the Complainant by claiming unnecessary charges is amounts to deficiency in service by the Opposite Party, I.C.I.C.I, Bank.<br /> <br /> The Petitioner prays for a direction to the Opposite Party to issue No Objection Certificate against the finance amount to the Complainant.<br /> <br /> In its version the Opposite Party denied to have cause any deficiency or negligence in service towards the Complainant and so also denied all other allegation made by the Complainant.<br /> <br /> The Opposite Party contends that, the loan was advanced to the Complainant on the strengh of an agreement between the Bank and the Complainant. All charges as agreed upon by the borrower in the said agreement are being collected as and when or the case they become due. The Complainant has defaulted to make payment of the installments on the due dates and that many cheques issued by him have been dishonored by his banker. Where upon cheques bouncing and over due charges, as admissible under the agreement, have been debited to the account of the Complainant.<br /> <br /> Further the Opposite Party contends that the disputes arises out of a contract executed between the parties at the time of availing loan, the same should be raised only before the competant authority as agreed in the agreement.<br /> <br /> There has been no negligence or deficiency in service on the part of the Opposite Party and prays for dismissal of the case.<br /> <br /> Perused the complaint petition, Opposite Party's version as well as the copies of documents filed by the Parties. Financed of Tractor bearing No. OR-17-D-1256 for a sum of Rs. 2,22,950/-(Rupees two lakh twenty two thousand nine hundred fifty)only including interest by the Opposite Party to be paid in 35(thirty five) equal monthly installment Rs.6,370/-(Rupees six thousand three hundred seventy)only is not disputed by the Parties. Further it is also not disputed that the Complainant has already clear up almost all the loan amount to the Opposite Party. The only dispute in this case is that the Opposite Party has illegally with out any cause claimed the cheque bouncing and over due charges.<br /> <br /> Copy of payment schedule, seventeen numbers of copy of payment receipt and copy of Bank Statement has been filed by the Complainant to prove its case. It is evident from the copy of documents that the Complaint has already cleared up all the finance amount with interest to the Opposite Parties. The Opposite Party contends that the Complainant has defaulted to make payment of the installments on the due dates and that many cheques issued by him have been dishonored by the banker, where upon cheque bouncing and over due chages as per the agreement have been debited to the account of the Complainant. The Opposite Party has not specify the number of cheques have been dishonored for which he claims excess money. No any copy of agreement have been filed by the Opposite Party to prove his case. The Opposite Party has illegally shown the cheque Dt.25/10/2005 to be bounced though there was a balance of Rs. 7,102/-(Rupees seven thousand one hundred two)only in his account and claimed cheque bouncing charges.<br /> <br /> In view of above fact and circumstances of the case, the Complainant has already cleared up the finance amount as such he is entitled to get a “No Objection Certificate” against the above finance.<br /> <br /> Complaint allowed and ordered.<br /> <br /> The Opposite Party, I.C.I.C.I. Bank is directed to issue a “No Objection Certificate” against the finance amount in favour of the Complainant and pay a sum of Rs. 1,000/-(Rupees one thousand)only towards the cost of the case within 30(thirty) days hence.<br /> <br /> Complaint disposed of.