Punjab

Fatehgarh Sahib

CC/38/2019

Shayam Khan - Complainant(s)

Versus

India Infoline Finanace Ltd. - Opp.Party(s)

Sh. Suman Inderdeep Singh

02 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL

                                  COMMISSION

                            FATEHGARH SAHIB

 

 

Complaint No.	:	CC/38/of 2019
Date of Institution	:	04/06/2019
Date of Decision	:	02/05/2023

 

Shyam Khan aged about 46 years, son of Sh. Khushi Mohammad resident of Gajipur, Distt. Patiala.

                                                                                                                     …………....Complainant

                                                Versus

 

1. India Info Line, Finance Ltd. 12A-10 , 13th Floor,  Parinee Crescenzo, C-38 and C39, G Block, behind, MCA, Bandra Kurla, complex , Banda East Mumbai-400051.
2. India Info Line, Finance Ltd. customer branch Jassar Complex , Fategarh Sahib, near Jyoti Sarup Mour, Distt. Fatehgarh Sahib.

 

                                                                                                                                                         ..………....... Opposite Parties

 

 

Complaint under Section  12 of Consumer Protection Act 1986(Old)

 

Quorum

Sh. S.K.Aggarwal, President

Ms. Shivani Bhargava, Member

Sh. Manjit Singh Bhinder, Member

 

 

 

Present: Sh.Sarbjeet Singh Narain, counsel  for complainant.

             OP no.1 Ex-Parte vide order dated 11.04.2022.

             OP no.2 Ex-Parte vide order dated 03.09.2019.

 

 

 The  complaint has been filed against the OPs (opposite parties)  under Section 12 of Consumer Protection Act-1986 (Old) alleging deficiency in service with the prayer to give directions to the OPs to issue NOC to the complainant regarding  the Loan against the vehicle of the complainant , to refund   Rs.60,000/- which was paid by the complainant  after clearing the loan amount and to pay Rs.1,00,000/-   as compensation  for harassment.

1.  The complainant  is owner of Truck no.PB11-AE-9745 and was earning his livelihood from running the truck. The complainant approached office of OP no.2 and  entered in to loan agreement with customer branch of OP no.2 and entered into MOU on 29.1.2016. As per the said MOU he took loan on the Truck amounting to Rs.7,31,943/-.  The period of loan was from 3.3.2016 to 3.3.2018 and 29 r instalments were agreed to between him and OP no.2.  The complainant paid all the agreed instalments to OP no.2 within time and  the amount was paid in the loan account no. 1000080880.  The agents of OP no.2 stopped the truck on 4.2.2019  and told the complainant that he had not paid the remaining amount and they took the truck  in to possession . At that time the truck was loaded with electronic tin plate sheets , which are perishable in nature and their value was Rs.19,22,000/- The complainant paid an amount of Rs.30,000/- to the OP no.2 for releasing the loaded truck vide receipt no.3050 dated 4.2.2019. The loan was cleared , after which complainant visited office of OP no.2 and requested for issuing of  NOC of the said Loan. The OP no.2 demanded an amount of Rs.60,000/- from the complainant for issuing NOC and complainant paid the amount of Rs.60,000/- on 22.2.2019 through  his loan account .  But the OPs did no issue NOC even after receiving an amount of Rs.60,000/- and further demanded Rs. 90,000/- , failing which they will forcibly take the truck from the custody of the complainant. The complainant repeatedly requested OPs to Issue NOC, who after putting off the matter ,  finally refused to issue NOC. The complainant issued legal notice through Regd. AD , but the OPs did not reply to the said notice . Hence this complaint.
2. Notice of the complaint was given to the OPs through registered Post . OP no 2 did not appear despite service of summons  and thus was proceeded against Ex-Parte vide order dated 3.9.2019 . OP no 1 also did not appear despite service of summons  and thus was proceeded against Ex-Parte vide order dated 11.4.2022. 
3. The complainant  in support of his complaint tendered his affidavit Ex.CW1/A, along with copies of  documents i.e  Ex.C1 RC of Truck, Ex,C2 loan agreement, Ex.C3 loan payment schedule,  Ex.C4 receipt , Ex.C5 receipt of the payment dated 22.2.2019. Ex.C6 Legal notice,  Ex.C7 postal receipts,  Ex.C8 account statement from 2.1.2015  to 15.11.2019, Loan receipts Ex.C9 to Ex.C20 and closed his evidence.
4. Admittedly,  The complainant has paid Rs.60,000/- on 22.2.2019 vide Ex.C5. The complainant has proved having made 12 number payment against the said loan account  vide Ex.C9 to Ex.C20. The complainant in his affidavit Ex.Cw1/A has stated that he had paid all the instalment to OP no.2.  The OPs , inspite of service of summons  did not choose to appear or to file their version . Thus the averments and contentions of the complainant have gone uncontested .  Under these facts  of the case , we find no other way and thus it would be   appropriate to issue directions to the OPs to issue NOC to the complainant after recovering outstanding amount , if any , as per  prevailing RBI guidelines.
5. Compliance of the order be made by the OPs no.1 and 2 within  30 days from the date of receipt of certified copy of this order. Failing which the complainant shall be entitled to get it done through legal process. The complaint could not be decided within the statutory period due to pandemic of Covid-19 and paucity of staff. Copy of this order be sent to the complainant and the OPs as per rules. File be consigned to record room.    

Pronounced 2 May 2023.                                                         

                                                                    (S.K. Aggarwal)

                                                                            President

                                                                     

    

                                                                           (Shivani Bhargava)

                                                                             Member

 

                                                                           ( Manjit Singh Bhinder )

                                                                                       Member