Karnataka

Bangalore 4th Additional

CC/287/2019

M/s Shivam Dairy Products, - Complainant(s)

Versus

Kotak Mahindra Bank Limited, - Opp.Party(s)

Nagaraja Reddy

27 Jan 2020

ORDER

Complaint Filed on:06.02.2019

Disposed On:27.01.2020

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

27^thDAY OF JANUARY 2020

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

Complaint  No.287/2019

 

COMPLAINANT	M/s.Shivam Dairy Products, Represented by its Proprietor, Shivarama, No.50, 32nd Main, ITI Layout, J.P Nagar, 1st Phase, Bangalore – 560 078.   Advocate – Sri.D.Nagaraja Reddy     V/s
OPPOSITE PARTy	The Manager, Kotak Mahindra Bank Ltd., 501-3, 5th Floor,Raheja Towers, 26-27, M.G Road, Bengaluru – 560 001.

                                       

 

O R D E R

SMT.PRATHIBHA. R.K., PRESIDENT

This complaint is filed by the complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The complainant prays to direct the OP to issue No objection certificate in respect of Mahindra Maxi Truck – Transport vehicle bearing registration No.KA-05-AD-6034, to pay sum of Rs.75,000/- towards compensation/damages for mental agony etc., award cost of the proceedings and grant such other reliefs.

 

2. The brief facts of the complaint is as under.

 

          Complainant submitted that, on 05.07.2012 complainant availed a loan of Rs.3,20,000/- with the OP vide loan account No.LCV 14895 for his Mahindra Maxi Truck – Transport vehicle bearing registration No.KA-05-AD-6034.  The said vehicle purchased by the complainant for eking out of his livelihood.  As per the loan agreement the complainant has agreed to repay the same in 47 monthly installments from 15.08.2012 to 15.06.2016.  As per the terms and conditions of the loan agreement, complainant cleared entire loan liability by paying the last loan installment on 15.06.2016.

          Complainant further submitted that, after cleared entire loan the OP has not issued no objection certificate even after several requests and representations by the complainant.  In this regard the complainant run from pillar to post and having no alternative the complainant issued a legal notice on 05^th June 2018.  Though same was served on it.  The OP neither replied nor complied the same.  Hence the complainant approached this Forum.

 

3. Despite service of notice, one Sri.S.Ramakrishnan, Advocate appeared on behalf of OP but did not choose to file version.

 

4. In the course of enquiry into the complaint, proprietor of the complainantSri.ShivaramaKulal has filed affidavit reproducing what he has stated in the complaint.  The complainant has produced documents which were marked.  We have heard the arguments and gone through the oral and documentary evidence of the complainant scrupulously and posted the case for order.

 

5. Based on the above materials, the following points arise for our consideration;  

 

1. Whether the complainant has proved that there is deficiency in service on the part of the OP, if so, whether the complainant is entitled for the relief sought for?

 

2.  What order?

 

6. Our findings on the above points are as under:

Point No.1:  In the affirmative

Point No.2:  As per the order below

 

REASONS

7. Point No.1: The complainant firmly on oath stated in affidavit that, he availed a loan of Rs.3,20,000/- from OP vide loan account No.LCV 14895 for purchase of Mahindra Maxi Truck – Transport vehicle bearing registration No.KA-05-AD-6034 and entered into an agreement.  As per the loan agreement the complainant has agreed to repay the same in 47 monthly installments from 15.08.2012 to 15.06.2016.

 

8. Complainant further submitted that, he had cleared entire loan amount on 15.06.2016 but OP has not issued no objection certificate.  Hence complainant issued legal notice dated 05.06.2018.  To substantiate this contention the complainant has produced loan account extract statement and legal notice.

 

9. On perusal of the account statement it is seen that the complainant has cleared the entire loan amount as per Ex-A1.  After cleared the loan amount OP neither issued NOC nor replied to the legal notice.  Furtherthe OP appeared before this Forum but they have not filed version as well as affidavit to deny the evidence of the complainant and thereby complaint of the complainant stands undisputed.  Therefore the evidence of the complainant goes unchallenged.  After clearing the entire loan amount it is the bounden duty of the OP to issue NOC to the complainant.  Not done so there is deficiency of service on the part of OP.  Therefore we have directed the OP to issue No objection certificate to the complainant in respect of vehicle bearing No.KA-05-AD-6034 within 30 days from the date of receipt of this order.  Further OP is directed to pay compensation of Rs.20,000/- along with litigation cost of Rs.10,000/-.  Accordingly we answer the point No.1 in the affirmative.

 

10. Point No.2:In the result, for the foregoing reasons, we proceed to pass the following order.

ORDER

1) The complaint filed by the complainant is allowed.

 

2) OP is directed to issue No objection certificate to the complainant in respect of Mahindra Maxi Truck – Transport vehicle bearing registration No.KA-05-AD-6034.

3) OP is further directed to pay Rs.20,000/- compensation and litigation cost of Rs.10,000/- to the complainant.

4) This order is to be complied by the OP within 30 days from the date of receipt of this order. 

 

5) Supply free copy of this order to both the parties.

 

(Dictated to the Stenographer, transcribed and typed by him, corrected and then pronounced by us in the Open Forum on this, the27^thday of January 2020)

 

(ROOPA.N.R) MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

1. Witness examined on behalf of the complainant by way of affidavit:

Sri.ShivaramaKulal, who being the Proprietor of complainant.

 

 

Copies of Documents produced on behalf of Complainant:

 

Ex-A1	Copy of Bank statement.
Ex-A2	Copy of legal notice dated 05.06.2018.
Ex-A3	Copy of letter of complainant dated 03.11.2018.
Ex-A4	Copy of postal report.

 

(ROOPA.N.R) MEMBER

(PRATHIBHA R.K) PRESIDENT

 

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