Haryana

Yamunanagar

CC/333/2014

Amrik Singh S/o Didar Singh - Complainant(s)

Versus

Indusind Bank Ltd. - Opp.Party(s)

D.C.Singla

09 Apr 2015

ORDER

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, YAMUNA NAGAR

                                                                                                       Complaint No.333  of 2014.

                                                                                                       Date of institution: 8.8.2014

                                                                                                       Date of decision: 9.4.2015

 Amrik Singh son of Didar Singh resident of village & P.O. Nihal Garh, Tehsil Ponta Sahib District Sirmaur (Himachal Pardesh).  

                                                                                                                                   …Complainant.

                                                Versus

1. Indusind Bank Ltd. Jagadhri Road Near Telephone Exchange Tehsil Jagadhri, District Yamuna Nagar, through its Branch Manager.   
2. Indusind Bank Ltd. Door No. 69, Ishwar Dham Street, Old Mahabalipuram Road, Muthamiz Nagar Karapakam, Chennai ( Head Office) through its Chairman/M.D.                                                                                                                                              …Opposite parties. 

 

                        Complaint under section 12 of

                        the Consumer Protection Act.

 

CORAM:          SH. A.K.SARDANA PRESIDENT,

                        SH. S.C.SHARMA, MEMBER.

 

Present: Sh. D.C.Singla, Advocate, counsel for complainant.   

              OPs ex-parte.  

 

ORDER

                        Brief facts leading to the institution of the present complaint are that the complainant owned and possessed a vehicle bearing registration No. HP-17B-8586 make Tata Motors Ltd. bearing chassis No. 373344ASZ102423 model 2007 and used to ply the vehicle in question to earn his livelihood. He got  financed the said vehicle from the OPs in the year 2012 having loan account No. HYD-00123D and paid every installment in time as per statement given by the OPs and has now made full and final payment alongwith interest etc. on 22.7.2014 as clear from Deposit/ Receipt dated 22.7.2014 issued by the OP No.1. The complainant after depositing the loan amount, demanded No Dues Certificate alongwith Form No.35 and six blank cheques from the OPs but the OPs are putting off the matter on one pretext or the other and lingering on the same. The complainant sent e.mail message on 1.8.2014 to the OPs to supply the abovesaid documents to the complainant within 2-3 days as he has paid all the dues of loan of the vehicle in question but the bank has not paid any heed to the genuine request of the complainant. Thus, the bank has failed to discharge its duties towards the complainant by not returning the said documents to him despite repeated requests of complainant which is a gross negligence and deficiency in service on the part of OPs and complainant has suffered a great mental loss as well as physical harassment which cannot be compensated in any terms and has, thus, prayed for directing the OPs to issue No Dues Certificate alongwith Form No.35 and to return the six blank cheques which were taken by them at the time of advancing loan to the complainant and also to pay compensation as well as litigation expenses.

2.                     Upon notice, Sh. G.S.Reen, Advocate, appeared on behalf of OPs on 26.9.2014 but thereafter he neither appeared nor filed written statement and as such the OPs were proceeded against ex-parte vide order dated 22.12.2014.

3.                     To prove his case, counsel for the complainant tendered in evidence of complainant affidavit as Annexure CX and documents as Annexures C-1 to C-5 and closed evidence on behalf of complainant.

4.                     We have heard the learned counsel for the complainant and have gone through the pleadings as well as documents placed on the file. From the perusal of Annexure C-2, it is clear that the settlement amount of Rs.38,897.34 was due on 22.7.2014 but an amount of Rs. 38900/- has been deposited by the complainant on 22.7.2014 as is clear from receipt (Annexure C-4) issued by OP Bank. In this way, nothing was due against the complainant on 22.7.2014. Thereafter, the complainant submitted a letter to the OP Bank (Annexure C-5) for issuance of clearance certificate alongwith form No.35 and also to return six blank cheques but they did not bother to listen to the genuine request of the complainant and ultimately, having no other alternative, complainant has to file the present complaint before this Forum on 8.8.2014 for redressal of his grievances. Thus, the OPs have not only failed to redress the genuine grievance of the complainant but also did not bother to defend the present complaint which is admittedly a deficiency in service on their part.  Moreover, the version of the complainant goes unrebutted as opposite parties have failed to defend their case.

                        In view of the facts narrated above, we are of the confirmed view that OPs have failed to provide proper services to the complainant qua issuance of “NO Dues Certificate” alongwith Form No.35 as well as by unnecessarily withholding six blank cheques. They are, thus guilty of providing deficient services to the complainant. In these circumstances, we have no option except to allow the present complaint and hence, we direct the OPs to comply with the following directions within 30 days from the communication of this order:-

1. To issue No Dues Certificate alongwith Form No.35 to the complainant and also to return six blank cheques to him.
2. To pay a sum of Rs. 5,000/- as compensation for mental agony, harassment as well as financial loss.
3. To pay Rs. 2200/- as costs for unwanted litigation including the advocates fee etc.  

                        Further, if the OPs fail to comply with the order within the stipulated period, then the complainant shall be entitled to invoke the jurisdiction of this Forum under section 27 of the Consumer Protection Act. The complaint is allowed in above terms.  Copies of this order be sent to parties concerned free of costs as per rules. File be consigned to the record room after due compliance.

Announced:9.4.2015

                                                                                    (A.K.SARDANA )

                                                                                    PRESIDENT,

 

                                                                                    (S.C. SHARMA )

                                                                                     MEMBER.