Punjab

Patiala

CC/15/76

Ramesh Kumar - Complainant(s)

Versus

Magma Finance Corp.Ltd. - Opp.Party(s)

Sh T M Syal

03 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

PATIALA.

 

                                      Complaint No. CC/76/2015 of 15.4.2015

                                      Decided on:        3.9.2015

 

Ramesh Kumar s/o Sh.Amar Singh resident of Village Theh Newal Tehsil Guhla District Kaithal through his Authorize Representative Sh.Lachman Singh S/o Sh.Surja Ram Resident of Kishan Pur Tehsil Dudhan Sadan, District Patiala.

                                                                   …………...Complainant

                                      Versus

1. Magma Finance Corporation Ltd., Rajbaha Road, Opposite CMO Office, Patiala through its Administrator/Manager.
2. Magma Finance Corporation Ltd., S.C.O.75,Second Floor, Phase 9, Mohali, through its Manager.

                                                                   …………….Ops

                                      Complaint under Section 12 of the

                                      Consumer Protection Act.

 

                                      QUORUM

                                      Sh.D.R.Arora, President

                                      Smt.Neelam Gupta, Member

                                      Smt.Sonia Bansal,Member                               

                                                                            

Present:

For the complainant:      Sh.Bhupinder Singh , Advocate

For Ops:                          None for the Ops.              

                                     

                                         ORDER

D.R.ARORA, PRESIDENT

1. It is the case of the complainant that he had raised a loan of Rs.five lacs from Op no.1 for purchasing the vehicle under proposal No.PG/0042/R/08/000005, MR No.10211C20120000000582.
2. The complainant cleared the loan amount as also the interest due thereon and nothing was left against the complainant. The complainant requested the Ops a number of times so as to issue him Form No.35/clearance certificate to enable him to get the entry of hypothecation deleted from the office of the District Transport Officer but the Ops failed to issue the same. The complainant even got the ops served with a legal notice dated 12.1.2015, sent through registered post , but the ops failed to respond. As such the complainant has suffered the harassment as also the mental agony at the hands of the ops for which he is entitled to be compensated in a sum of Rs.20,000/-.The complainant has accordingly brought this complaint against the Ops under Section 12 of the Consumer Protection Act,1986 ( for short the Act) for a direction to the Ops to issue him Form No.35/clearance certificate; to pay him Rs.20,000/- by way of compensation on account of the harassment and the mental agony experienced by him and further to award him Rs.5500/-towards the costs of the complaint.
3. On notice the ops appeared through Sh.Vikas Mittal,Advocate on 10.6.2015 having filed the memo of appearance but Sh.Mittal  having availed to three opportunities failed to file his power of attorney as also the written version on behalf of the Ops. Accordingly the complainant was directed to lead his evidence  and he produced in evidence Ex.CA his sworn affidavit alongwith the documents Exs.C1 to C31 and his counsel closed the evidence.
4. The complainant failed to file the written arguments. We have heard the learned counsel for the complainant and gone through the evidence on record.
5. Ex.C1 is the statement of account bearing proposal No.PG/0042/R/08/000005, issued in the name of Ramesh Kumar(complainant) showing the advancement of Rs.five lacs for the period 30.5.2009 to 20.4.2012 showing zero balance. A total debit amount of Rs.6,80,333/- was shown to have accrued in the account of the complainant and a similar amount was shown to have been received in the account on 20.4.2012. Despite the complainant having cleared the entire loan amount in his account, the Ops failed to issue Form No.35/clearance certificate to enable him to get the entry of hypothecation , which might have been made on the certificate of registration of the vehicle, from the office of the DTO.The complainant has placed on file, Ex.C2, the copy of the legal notice dated 12.1.2015 , got sent against op no.2 but no postal receipt is placed on the file. In any case, the Ops were obliged to issue the clearance certificate after the entire loan amount due in the account had been paid off by the complainant and the failure to do so on the part of the op  certainly amounts to a deficiency in service, which resulted into the harassment and mental agony experienced by the complainant because he could not get the requisite entry of hypothecation of the vehicle made in the registration certificate deleted from the office of the DTO. We accordingly accept the complaint and direct the Ops to issue the complainant Form No.35/clearance certificate regarding the loan account bearing proposal No.PG/0042/R/08/000005 within 15 days on receipt of the certified copy of the order. The Ops are also directed to make the payment of Rs.10,000/- by way of compensation to the complainant on account of the harassment and mental agony experienced by the complainant and the same is inclusive of the costs of the complaint.

Pronounced

Dated: 3.9.2015

 

                   Sonia Bansal                Neelam Gupta                        D.R.Arora

          Member                        Member                                  President