Date of filing : 25-04-2013
Date of order : 27-01-2016
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC134/2013
Dated this, the 27th day of January 2016
PRESENT:
SMT.P.RAMADEVI : PRESIDENT
SMT.K.G.BEENA : MEMBER
SMT.SHIBA.M.SAMUEL : MEMBER
Kamalakshan, S/o. Babu, : Complainant
R/at House No.12/62 of KMC,
Fort Road, Po.Kasaragod.
(Adv.A.Balakrishnan Nair,Kasaragod)
1 ICICI Bank Ltd, Emgee Square, Padma Junction, : Opposite parties
M.G.Road, Cochin. 35
2 ICICI Bank Office, Opp.I.B.P. Petrol Bunk
Nullipady, Kasaragod.
(Ops 1 & 2 Advs.Rajesh V.Nair, D.Shivaji & Babu Chandran)
O R D E R
SMT.P.RAMADEVI, PRESIDENT
The facts of the case in brief are as follows:
That the complainant is the RC owner of the Bajaj three wheeler goods vehicle KL-14 F 5645 and at the time of purchasing the vehicle the complainant had obtained loan of Rs.1,02,000/- from 1st opposite party through 2nd opposite party. He had paid EMI at the rate of 3979/- per month and in total as on 12-03-2009 he paid Rs.1,65,000/- to 2nd opposite party and obtained receipts for the same. After payment of the entire instalments the complainant asked clearance certificate from 1st opposite party and the opposite party dragged on the same on one or other reason. Since the opposite parties did not issue the clearance certificate or No Objection Certificate the complainant could not produce the vehicle for inspection for obtaining certificate of fitness. Thereafter the complainant received a demand notice dt. 24-1-2013 from 1st opposite party demanding Rs.26,312/- towards EMI and overdue interest but the complainant is not liable to pay the amount. Hence this complaint is filed alleging deficiency in service against opposite parties.
2. On receipt of notice both opposite parties entered in appearance and filed their version.
3. Complainant filed affidavit in lieu of chief examination and Exts A1 to A34 marked. Complainant was cross examined by counsel for opposite parties. Opposite parties have not adduced any oral or documentary evidence. Heard both sides and documents perused.
4. On going through the entire facts of the case the following issues raised for consideration?
1 Is there any deficiency in service on the side of opposite parties?
2 If so, what is the relief?
5. Here the specific case of the complainant is that on payment of entire loan amount the opposite party refused to issue no objection certificate to the complainant alleging non payment of some EMI and over due charges.
6. Here the complainant produced Exts.A1 to A32 receipts in order to prove that he had paid the EMI. On perusal of Exts A1 to A32 it is evident that out of 32 instalments except 2 instalments other EMI were paid on or before 10th of every month and the rest of the instalments one instalment paid on 11th and the other is was on 12th . The opposite parties contended that the complainant paid the EMI not in time. In order to prove their contention the opposite parties have not produced any documents before the Forum. The complainant paid the last EMI on 12-03-2009 and the opposite party issued Ext.A33 demand letter on 24-01-2013. Moreover opposite parties have failed to produce any oral or documentary evidence before the Forum that the complainant is liable to pay the amount as per Ext.A33. Opposite party also failed to produce the statement of accounts before the Forum.
7. Here the opposite party taken another contention that the complainant had availed Rs.1,07,000/- and not Rs.1,02,000/- as stated in the complaint. According to complainant he had availed only Rs.1,02,000/-. Here also the opposite parties failed to produce any documents before the Forum to prove the contention that the complaint had availed Rs.1,07,000/-.
8. On considering the entire facts of the case and on going through the documents filed by the complainant and upon hearing of the parties we are of the view that the complainant paid the entire loan amount long back and opposite parties failed to issue no objection certificate to complainant by raising false contentions. It amounts deficiency in service on the part of opposite parties. Therefore the opposite parties liable to compensate the complainant.
Hence the complaint is allowed and opposite parties 1 & 2 are jointly and severally directed to issue No objection certificate (HP termination letter) to the complainant and further directed to pay Rs.25,000/- towards compensation for mental agony and sufferings and cost of Rs.3000/- to the complainant. Time for compliance is 30 days from the date of receipt of copy of order. If the opposite parties fails to issue No Objection Certificate within 30 days of receipt of copy of the order on application by the complainant the Joint R.T.O, Kanhangad is directed to terminate the HP agreement and to issue the necessary certificates.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exts.
A1.to A32 Payment receipts.
A33.Reminder for payment of overdue outstanding amount of Rs.26312/-
A34. Copy of RC KL 14F 5645
PW1. Kamalaksha.T.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Pj/ Forwarded by Order
SENIOR SUPERINTENDENT
