DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II U.T. CHANDIGARH Complaint Case No.: 1225 of 2009 Date of Inst: 27.08.2009 Date of Decision:04.02.2010 Ajay Kumar r/o H.No.3009/1, Sector 41-D, Chandigarh. ---Complainant V E R S U S 1. ICICI Bank Ltd., SCO 174-175, Sector 9-C, Madhya Marg, Chandigarh through its General Manager/Branch Head. 2. State Bank of India, Branch Office, Sector 41-D, Main Market, Chandigarh through its Branch Manager. ---Opposite Parties QUORUM SHRI LAKSHMAN SHARMA PRESIDENT SHRI ASHOK RAJ BHANDARI MEMBER PRESENT: Sh.J.P.S.Ahluwalia, Adv. for complainant Sh.Sandeep Suri, Adv. for OP-1 OP-2 already exparte. --- PER LAKSHMAN SHARMA, PRESIDENT Sh.Ajay Kumar has filed this complaint under section 12 of the Consumer Protection Act, 1986 praying therein that OPs be directed to issue No Objection Certificate (NOC) to him and to pay a compensation of Rs.50,000/- for mental agony and harassment suffered by him. 2. In brief, the case of the complainant is that he took a loan of Rs.20000/- from OP-1. The said loan was to be repaid in two years at the monthly equated installment of Rs.1000/- per month commencing from December, 2005. According to the complainant, OP-1 took his consent for recovery of the installments from his account which was opened with OP-2 through ECS. It has been averred that OP recovered all the monthly installments from his account maintained with OP-2 through ECS. OP-1 also took Rs.1225/- along with charges of Rs.225/- for installment of July, 2007. OP-1 vide its letter dated 03.12.2007 further demanded Rs.1000/- towards installment of November, 2007 along with Rs.200/- as cheque return charges and late payment charges @ 2% per month. According to the complainant, he enquired from OP-2 who informed that ECS for 7th November, 2007 has already been cleared from his account. OP-2 also issued statement of account (Annexure C-6) to this effect to the complainant. On 08.05.2009, the complainant sent an e-mail along with the statement of account to OP-1 and requested it to issue No Objection Certificate. The complainant further sent e-mail dated 03.08.2009 to his effect. In reply to said e-mail dated 03.08.2009, the complainant was informed vide reply dated 03.08.2009 that the EMI for the Month of November, 2007 has been bounced for the reasons “Insufficient Funds” and requested him to visit their HFC Branch with the debit statement. Thereafter, on 19.08.2009 the complainant again received mail in which OP-1 stated that OP-2 is not cooperating for providing details of transaction of ECS for November, 2007 of Rs.1000/-. According to the complainant, he applied for another loan for financing the flat but his loan was refused on the ground that his name is appearing in the list of Credit Information Bureau of India Limited (CIBIL) due to alleged non-clearing of loan amount of OP-1. Despite the fact that he has paid all the installments and nothing is outstanding against him, OP-1 has not issued the NOC in respect of the vehicle in question. In these circumstances, the present complaint has been filed seeking the above mentioned reliefs. 2. OP-1 initially appeared through its counsel Sh.Sandeep Suri, Advocate but subsequently it absented itself and was proceeded exparte on 18.01.2010. But later on Sh.Sandeep Suri joined the proceedings on 02.02.2010 for arguments without submitting any written statement/reply. 3. OP-2 was duly served but OP-2 did not appear either in person or through counsel, therefore, OP-2 was ordered to be proceeded against exparte vide order dated 08.10.2009. 4. We have heard the learned counsel for the complainant and learned counsel for the OP-1 and have gone through the entire record including documents, annexures, affidavits etc. 5. It is the admitted case of the parties that the complainant had taken a loan of Rs.20000/- from OP-1 in December, 2005 and the said loan was to be repaid in 24 monthly installment of Rs.1000/- each commencing from December, 2005. It is also admitted case of the parties that the complainant is having saving bank account with State Bank of India, Chandigarh (OP-2) and he had instructed OP-1 to withdraw loan installments through ECS. It is also admitted case that OP-1 had been withdrawing the amount of loan installments through ECS and it had withdrawn 23 loan installments through ECS. The case of the complainant is that it was duty of OP-1 to withdraw the said last loan installment through ECS from his account being maintained with OP-2 and thereafter issue No Objection Certificate to him. According to the complainant, despite the fact that OP-1 had withdrawn the amount of Rs.1000/- as last loan installment, No Objection Certificate is not being issued to him. 6. On the other hand, the case of OP-1 is that ECS was returned with remarks “insufficient balance” so the last loan installment of Rs.1000/-has not been received so far. Therefore, OP-1 is not obliged to issue No Objection Certificate to the complainant. Annexure C-6 is the statement of account issued by OP-2. As per the statement of account, a sum of Rs.1000/- has been debited in the savings bank account of the complainant on 07.11.2007. According to OP-1, the said amount has not been received by OP-1 and the said amount has not been credited in the loan account of the complainant. It was for OP-2 to prove that the said amount of Rs.1000/- has been credited in the loan account of the complainant with OP-1. However, OP-2 opted not to contest the case. From the documents available with the complainant as well as OP-1, it is not proved that the amount which has been debited from the account of the complainant has been credited in his loan account with OP-1 or not. On the other hand, it was argued by OP-1 vehemently that the said amount has not been credited in the loan account of the complainant so far. 7. In view of the above findings, this complaint is allowed and the OP-2 is directed to pay the last loan installment of Rs.1000/- to OP-1 along with penalty etc, if any, as demanded by OP-1 and payable due to late payment. The penalty shall not be paid from the account of the complainant but shall be paid by OP-2 itself from its own funds. On receipt of last loan installment of Rs.1000/- along with any penalty, if any, OP-1 shall issue No Objection Certificate to the complainant on receiving clearance of the loan account of the complainant. OP-1 is also directed to issue a letter to Credit Information Bureau of India Ltd. (CIBIL) for removal of the name of the complainant from the list of defaulters. In addition to this, OP-2 is also directed to pay a sum of Rs.5000/- to the complainant as compensation for causing mental agony and harassment to the complainant besides Rs.5000/- as cost of litigation. 8. This order be complied with by OPs within 30 days from the date of receipt of its certified copy, failing which the OP No.2 shall pay the said amount of Rs.5000/- to the complainant along with penal interest @ 18% p.a. from the date of filing of the complaint i.e. 27.08.2009 till its realization besides costs of litigation. 9. Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room. Announced 04.02.2010. Sd/- (LAKSHMAN SHARMA) PRESIDENT cm sd/- (ASHOK RAJ BHANDARI) MEMBER
| | MR. A.R BHANDARI, MEMBER | HONABLE MR. LAKSHMAN SHARMA, PRESIDENT | , | | 
