| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BATHINDA CC.No.32 of 06-02-2019 Decided on 03-07-2019 Jaswant Singh S/o Kartar Singh R/o V. Ka1 Jharani, Tehsil and District Bathinda. ........Complainant Versus The Manager, Indusind Bank, Branch Bathinda .......Opposite party Complaint under Section 12 of the Consumer Protection Act, 1986 QUORUM Sh.M.P Singh Pahwa, President. Smt.Manisha, Member. Present:- For the complainant: Sh.Gurdev Singh Khokhar, Advocate. For opposite party: Sh.Bikramjit Singh Ahluwalia, Advocate. ORDER M.P Singh Pahwa, President The complainant Jaswant Singh (here-in-after referred to as complainant) has filed complaint U/s 12 of Consumer Protection Act, 1986 against opposite party The Manager (here-in-after referred to as opposite party). Briefly, the case of the complainant is that he is owner of Trailer LPS bearing registration No.RJ-07GB-2106. He got his vehicle financed from opposite party for Rs.8,50,000/- vide deal No.PJB00688D dated 17.12.2014. It is alleged that the complainant paid an amount of Rs.8,50,000/- through installments. He deposited the last installment on 19.5.2018. Nothing is due against him, but opposite party did not issue him 'No Due Certificate' and 'Form No.35' till date. He time and again visited the office of opposite party and requested it to issue 'No Due Certificate' and 'Form No.35' of his vehicle, but it did not give him any satisfactory reply and it is avoiding the matter on one or other pretext. He is entitled to get 'NOC' and 'Form No.35' of his vehicle. He has claimed Rs.50,000/- as compensation and Rs.5500/- as litigation expenses. Hence, this complaint. Upon notice, opposite party appeared through its counsel and contested the complaint by filing written version. In its written version, opposite party has raised the legal objections that the complaint is not maintainable in its present form. The complainant is estopped from filing the complaint by his own act and conduct, admissions, omissions and acquiescence. He purchased the vehicle by taking loan from opposite party for using the same for commercial purposes. As such, he does not come within the definition of 'consumer'. He has not approached to this Forum with clean hands. He has intentionally concealed the true and material facts from this Forum. On merits, it is not denied that the complainant availed loan of Rs.8,50,000/-. It is further mentioned that besides the loan agreement in question, the complainant also obtained another loan from opposite party vide contract No.PBA00563D for purchase of vehicle TATA LPS bearing registration No.RJ-32GA-6421, but he failed to clear the loan against this vehicle and committed default in repayment of the loan amount and his loan account has become irregular. He is not entitled to 'NOC' or any compensation. He has not suffered from any mental tension or harassment. After controverting all other averments of the complainant, opposite party has prayed for dismissal of complaint. Parties were asked to produce the evidence. In support of his claim, the complainant has tendered into evidence his affidavit dated 5.2.2019, (Ex.C1); photocopy of letter, (Ex.C2); photocopies of payment receipts, (Ex.C3 to Ex.C9); photocopies of account statement, (Ex.C10 and Ex.C11) and photocopy of loan repayment schedule, (Ex.C12). To rebut the claim of the complainant, opposite party has tendered into evidence photocopy of loan agreement, (Ex.OP1/1) and photocopy of account statement, (Ex.OP1/2). We have heard learned counsel for parties and gone through the file carefully. Learned counsel for complainant has reiterated his stand as taken in the complaint and detailed above. It is further submitted by learned counsel for complainant that as per complainant, entire loan has been repaid and nothing is due against the vehicle in question. Opposite party has not denied this fact. It has simply withheld 'NOC' for the reason that another loan was availed by the complainant, which is irregular. It has itself placed on record copy of loan agreement, (Ex.OP1/1). As per Clause 25.1, agreement has to come into effect from the date of execution and has to terminate upon making full repayment. Therefore, keeping in view this Clause also, agreement came to an end. Opposite party is not entitled to redeem 'NOC' and 'Form No.35'. On the other hand, learned counsel for opposite party has submitted that the complainant has not approached before this Forum with clean hands. He has concealed the fact that he also availed loan of Rs.11,90,000/- on another vehicle bearing registration No.RJ-32GA-6421. Opposite party has placed on record copy of loan statement, (Ex.OP1/2) to prove this fact. We have given careful consideration to these rival submissions. Admitted facts are that the complainant has availed loan of Rs.8,50,000/- from opposite party in connection with vehicle bearing registration No.RJ-07GB-2106. He has paid entire loan amount. Nothing is due against him. Opposite party has withheld 'NOC' on the ground that the complainant availed another loan for another vehicle and another loan is still not clear. Therefore, point for determination is whether opposite party can withheld 'NOC' on the ground that another loan is due '. Opposite party has not produced any agreement to prove this right. Agreement, (Ex.OP1/1) is relating to loan in question. As per this agreement, it comes to an end on payment of all the loan, interests and any other charges which are payable by borrower under this agreement. Therefore, this agreement also clinches the matter. As the complainant has repaid all the dues and nothing is due towards him. Therefore, agreement comes to an end. The complainant is entitled to 'NOC' and 'Form No.35'. For the reasons recorded above, the complaint is partly accepted with Rs.10,000/- as cost and compensation against opposite party. Opposite party is directed to issue 'NOC' and 'Form No.35' to the complainant. The compliance of this order be made within 30 days from the date of receipt of copy of this order. The complaint could not be decided within the statutory period due to heavy pendency of cases. Copy of order be sent to the parties concerned free of cost and file be consigned to the record. Announced:- 03-07-2019 (M.P Singh Pahwa) President (Manisha) Member
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