Tamil Nadu

South Chennai

373/2011

R.Dhanasekar - Complainant(s)

Versus

ICICI Bank - Opp.Party(s)

M/s.M.Shankaranath

17 Oct 2017

ORDER

                                                                        Date of Filing :   22.12.2011

                                                                        Date of Order :   17.10.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

             DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.373/2011

TUESDAY THIS  17^TH  DAY OF OCTOBER 2017

 

R. Dhanasekar,

No.5, New Street,

MM Colony,

Amainthakarai,

Chennai 600 029.                                                  .. Complainant

 

                                        ..Vs..

 

1.  The Branch Manager,

ICICI Bank,

No.46, Near Adyar Depot,

Gandhi Mandapam Road,

Kotturpuram, Chennai 85.

 

2. The Branch Manager,

ICICI Bank,

Central Processing Office & Branch,

Ambattur, Chennai.                                   .. Opposite parties.

 

 

Counsel for Complainant                :    M/s. M.Shankarnath  & others      

Counsel for opposite parties           :    Mr.K.Kumaran

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to issue the NOC pertaining to the vehicle loanbearing A/c. NO.LTCHE00010773296 and to pay a sum of Rs.2,00,000/- as compensation for deficiency in service and mental agony and Rs.10,000/- towards cost of the complaint.

 1. The averment of the complaint in brief are as follows:

         The complainant submit that he availed hire purchase vehicle loan by way of hire purchase agreement for the vehicle  bearing registration No.TN-02-AB-8028  by M/s. Bajaj Auto India Ltd; Model  Discover – 125.  It is also admitted that the complainant paid the entire loan amount.   The complainant state that even after the payment of entire loan amount the opposite parties has not furnished the NOC related to the hire purchase agreement.  Even after repeated request and demands the opposite parties failed and neglected to issue the NOC.    As such the act of the opposite parties clearly amounts to gross deficiency in service  and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2. The brief averments in Written Version of  the opposite parties are as follows:

The opposite parties denies each and every allegation except those that are specifically admitted herein.     The opposite parties submit that there is no dispute regarding the loan, hire purchase agreement and payment of loan amount.  The complainant paid the entire loan amount on 15.3.2011 the opposite party has promptly issued NOC by dispatching the same on the next day itself i.e. 16.3.2011 and the same got delivered on 21.3.2011.   The said NOC was sent to the complainant by First Flight Courier No.C01684429 and the same delivered to the addressee on 21.3.2011 which was received by one Mr.Jaishankar.   Since the loan account is settled by the complainant though belatedly, there is no necessity for this opposite party to withhold the NOC.   Hence there is no deficiency in service on the part of the opposite parties  and therefore this complaint is liable to be dismissed.

 

3.     In order to prove the averments of the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A6 marked.  Proof affidavit of opposite parties not filed and no documents  marked on the side of the opposite parties.  

4.   The points for the consideration is:  

1.  Whether the complainant is entitled to have the NOC related to the vehicle loan as prayed for?

 

2. Whether the complainant is entitled a sum of Rs.1,00,000/- towards deficiency of service and another sum of Rs.1,00,000/- towards mental agony with cost Rs.10,000/- as prayed for?.

 

5.  POINTS 1 & 2:-

         

          Heard both sides.   Admittedly the complainant availed vehicle loan by way of hire purchase agreement for the vehicle  bearing registration No.TN-02-AB-8028  by M/s. Bajaj Auto India Ltd; Model  Discover – 125.  It is also admitted that the complainant paid the entire loan amount.   The  contention of the complainant is that even after the payment of entire loan amount the opposite parties has not furnished the NOC related to the hire purchase agreement.  Even after repeated request and demands the opposite parties failed and neglected to issue the NOC   without NOC the vehicle cannot be transferred.  Since the opposite party has not issued NOC the complainant is put to great hardship.  Hence the complainant filed this complaint for issue of NOC and suitable compensation for mental agony and deficiency of service.

6.     The opposite parties pleaded in the written version and contended that there is no dispute regarding the loan, hire purchase agreement and payment of loan amount.    The complainant paid the entire loan amount on 15.3.2011 and on the next day due NOC was dispatched (i.e.) on  16.3.2011 and the same was delivered on 21.3.2011 through First Flight Courier vide No.C01684429; the NOC was delivered to one Mr. Jaishankar.   But the opposite parties has not filed any document to prove such issuance of NOC namely i.e. the copy of NOC through First Flight Courier receipt, even status report and acknowledgment etc.    Further it is admitted that the alleged NOC received by one Jaishankar. On the other hand the loan availed by the complainant is one Dhanasekar.  It is also seen from the records that even after repeated demands and request the opposite parties has not issued any NOC to the complainant.   Hence the deficiency in service of the opposite parties is proved.  Further the contention of the opposite parties is that the compensation regarding mental agony; deficiency of service etc. claimed are imaginary. Considering the facts and circumstances of the case this forum is of the considered view that the  opposite parties 1 & 2 are jointly and severally liable  to issue fresh NOC pertaining to the vehicle loan bearing A/c No.LTCHE00010773296 within one month from the date of this order i.e. 17.10.2017 and shall pay compensation of Rs.10,000/- towards mental agony with cost of Rs.5,000/- and the points are answered accordingly.

        In the result the complaint is allowed in part.  The opposite parties 1 and 2  are jointly and severally liable to issue fresh NOC pertaining to the vehicle loan bearing A/c No.LTCHE00010773296 within one month from the date of this order i.e. 17.10.2017 and shall pay compensation of Rs.10,000/- (Rupees ten thousand only) towards mental agony with cost of Rs.5,000/-  (Rupees Five thousand only) to the complainant.  

The aboveamounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

 

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 17^th day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 10.3.2011  -  Copy of Pay in slip.

Ex.A2- 30.6.2007 to- Copy of Account statement.

           8.8.2011

 

Ex.A3- 22.7.2011  -  Copy of Service request slip.

 

Ex.A4- 9.11.2011  -  Copy of legal notice.

Ex.A5- 12.11.2011         - Copy of Ack. Card.

 

Ex.A6- 12.11.2011         - Returned cover.

 

Opposite parties’ side document: -    ..Nil..

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.