Delhi

North East

CC/171/2021

Bilal Khan - Complainant(s)

Versus

IDFC First Bank - Opp.Party(s)

19 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

Complaint Case No. 171/21

 

 

 

In the matter of:

 

		Sh. Bilal Khan S/o Sh. Shakeel Ahmed, R/o H.No. D-93/16, Gali No. 11, 3rd Floor, Mohanpuri, Maujpur, Delhi 110053		Complainant
		Versus
		IDFC First Bank, (Through its Manager) At: 4th and 6th Floor, Prem Dohil Sadan 11, Rajendra Place, New Delhi 110008		Opposite Party
			DATE OF INSTITUTION:         JUDGMENT RESERVED ON:                           DATE OF ORDER:		18.11.2021 21.07.2023 19.09.2023

 

 

CORAM:

Surinder Kumar Sharma, President

Anil Kumar Bamba, Member

ORDER

Surinder Kumar Sharma, President

The Complainant has filed the present complaint under Section 35 of the Consumer protection Act, 2019.

Case of the Complainant

1. The case of the Complainant as revealed from the record is that in the month of June 2019, the Complainant had purchased a scooty Activa 4G bearing No. DL-10-SX-8496 from the Honda Company. The said vehicle was financed by the Opposite Party for the period of 26 months as monthly instalment of  Rs. 2,420/-. The Complainant had paid monthly instalment on time to time but during the Covid 19 Pandemic, the Complainant was unable to pay two instalments amounting of Rs. 2,420/-. It is his case, that due to non payment of two instalments, the Opposite Party had re-generated the monthly instalment of Rs. 1,823/- for the period of four months only. But due to some personal problem, the Complainant was unable to pay the instalment of Rs. 1,823/-. After that the Opposite Party informed the Complainant to deposited total dues instalments of Rs. 7,292- along with bounce charges of Rs. 5,266/- and penalty charges of Rs. 1,770/- which is total amounting to Rs. 14,328/-. After that the Complainant had contacted the Opposite Party to settle the said loan and Complainant and Opposite Party settled the entire due amount for Rs. 13,000/-. Complainant had deposited full and final total settlement amount of  Rs. 13,000/- to the Opposite Party as per settlement letter. After that the Complainant asked for issuing the NOC of the vehicle but Opposite Party did not respond. Complainant also visited the office of the Opposite Party several times regarding to close the said loan and issued the NOC in respect of the vehicle loan to the Complainant but the Opposite Party did not issued the NOC. Complainant has prayed to direct the Opposite Party to issue the NOC in respect of the said vehicle. Complainant also prayed for Rs. 1,00,000/- on account of mental harassment and Rs. 20,000/- on account of litigation expenses.
2. None has appeared on behalf of the Opposite Party despite service of notice to contest the case. Therefore, Opposite Partywas proceeded against ex-parte vide order dated 03.06.2022.

Ex- Parte Evidence of the Complainant

3. The Complainant in support of his case filed his affidavit wherein he has supported the assertions made in the complaint.

Arguments & Conclusion

4. We have heard the Ld. Counsel for the Complainant. We have also perused the file and written arguments filed by the Complainant. The Complainant has supported his case with affidavit and documents. On the other hand, the Opposite Party did not contest the case. Therefore, the assertions of the Complainant are to be believed. Hence, the complaint is allowed. The Opposite Party is directed to issue NOC to the Complainant in respect of the loan which he had taken from the Opposite Party for purchasing the two wheeler Activa. The Opposite Party shall pay compensation of Rs. 10,000/- to the Complainant on account of mental harassment and agony along with interest @ 9 % p.a. form the date of this order till recovery. The Opposite Party shall also pay an amount of Rs. 5,000/- to the Complainant on account of litigation expenses along with interest @ 9 % p.a. from the date of this order till recovery.
5. Order announced on 19.09.2023.

Copy of this order be given to the parties free of cost.

File be consigned to Record Room.

(Anil Kumar Bamba)           Member

(Surinder Kumar Sharma) President