Complainant Satnam Singh has filed the present complaint against the opposite party U/S 35 of the Consumer Protection Act 2019 (for short, C.P.Act.) seeking necessary directions to the opposite party to issue the NO Due Certificate and to pay amount of Rs.2,00,000/- as compensation on account of mental loss inconvenience and harassment faced by him alongwith Rs.50,000/- as litigation expenses, in the interest of justice.

2.        The case of the complainant in brief is that he had got obtained a loan of Rs.25,00,000/- on 15.9.2017 from opposite party for the purchase of the Truck bearing Registration No.PB-06-8565. There were 37 installments of the loan i.e. 3 years and the same would be clear on 20.10.2020. He had cleared the abovesaid loan by depositing all the dues with the opposite party and nothing is due towards him, but the opposite party is not issuing the NO Due Certificate of his loan, inspite of his so many requests. A legal notice through his counsel on 25.10.2021 through registered post was issued to opposite party but no action has been taken. Rather on the same day, the opposite party had arbitrary declined his claim without any sufficient reason. Due to act and conduct of the opposite party, he had suffered unnecessary harassment, mental agony which is against the law of principles and same is also breach of trust and cheated him. Hence this complaint.

3.         Notice issued to opposite party had been received back with the report of 'Refusal. Refused report of service conveys that opposite party  had been served but it was intentionally evading the service of the notice. Case called several times, but none had appeared on behalf of opposite party. Hence, opposite party was ordered to be proceeded against exparte vide order 12.5.2022.

4.        Ld.counsel for the complainant has tendered into evidence affidavit of complainant Ex.CW-1/A alongwith documents Ex.C-1 to Ex.C-4.

5.       Written arguments have been filed.

6.       We have carefully gone through the pleadings of counsel for the complainant; written arguments as well as oral arguments advanced by their respective counsel and have also appreciated the evidence produced on record with the valuable assistance of the learned counsel for the complainant for the purposes of adjudication of the present complaint.

7.       In the said complaint, complainant had sought NOC from Kotak Mohindra Bank i.e. opposite party in the present case. Complainant had taken a loan of Rs.25,00,000/- on 15.9.2017 from opposite party for purchase of Truck bearing Registration No.PB-06-8565 (R.C. is Ex.C1). On receipt of complaint, notice was issued to opposite party but opposite party did not respond even despite service of notice and interim order to the effect was passed on 12.5.2022 wherein exparte proceedings were ordered to be initiated. Complainant has submitted his complete record of payment of 37 installments vide Ex.C-2 and also alongwith written arguments submitted on 17.11.2022. The said record of bank pertains to saving account No.50100149371547 in the name of Satnam Singh son of Kartar Singh of HDFC Bank, Branch, Batala. The bank record clearly shows payment of installments of Rs.77020/- on monthly basis till 10/2020. Complainant on his part has clearly stated his position and also produced relevant record of payment of installments withholding of No Dues Certificate without any valid and legitimate reason on part of opposite party in the said case is not justified.

8.        In view of above facts and circumstances of the case, this complaint is exparte allowed and opposite party is directed to release No Dues Certificate in favour of the said vehicle bearing Registration No.PB-06-8565 of the complainant within 45 days of the issue of order. Opposite party is further directed to pay Rs.5,000/- as compensation for harassment and Rs.5,000/- as litigation expenses to the complainant within 45 days of the issue of order or with 6% interest till its realization.

9.       The complaint could not be decided within the stipulated period due to heavy pendency of Court Cases, vacancies in the office and due to pandemic of Covid-19.

10.     Copy of the order be communicated to the parties free of charges. After compliance, file be consigned.   

                                                                (Naveen Puri)

                                                                      President   

Announced:                                               (R.S.Sukhija)

November 17, 2022                                          Member

*MK*