ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:

                                                                                                     JUDGMENT

           Complainant has filed this consumer complaint U/s.12 of C.P. Act, 1986 seeking following reliefs;

            “Direct the opposite parties to submit the documents i.e. deed of hypothecation of vehicle bearing Regd. No.OD-21-5544, payment schedule of 36 installments, money receipts of the installments, tax invoice challan of D/P, produce NOC and pay Rs.20,000/- towards compensation along with cost of litigation, Rs.5,000/- towards efficiency of service and unfair trade practice”.

            The brief fact of the case is that, the complainant has purchased a vehicle bearing No.OD-21-5544 being financed by opposite parties and after clearance of all the installments for getting No Dues Certificate complainant visited to the office of the opposite party No.1 several times but till date opposite parties have not supplied any invoice challan receipt, D/P receipt, insurance paper of the hypothecated vehicle, copy of agreement and NOC.

            The opposite parties filed written version stating as under;

            The transaction between the parties is a contract where both parties have to perform their part of obligation. As per the contract dtd.01.3.2013 the cost of the vehicle is Rs.6,52,964/- out of which an amount of Rs.4,24,000/- was financed by the opposite parties. Complainant had also agreed to pay the fiancé charges. The said contract value amount was to be repaid in 36 equated monthly installments which are to be paid. The complainant is a chronic defaulter in repaying the loan dues in the time stipulated. The complainant never made payment of the installments in time as per agreed terms and conditions for which a huge amount of DPC remained unpaid for which the complainant is very much duty bound to pay the same.

            Both parties are long absent on each and every date since 29.6.2020 to 30.12.2022 for which we have perused the records and not able to know about the present position of loan and payment. The loan was paid in March, 2013 and started paying in April, 2013 and 36 cheques were paid means loan should have been cleared in April, 2016 but both parties are silent and not clear, so we are in dark.

            We therefore direct that in case the complainant has paid all his dues then the opposite parties shall give NOC and taken step to cancel the hypothecation and return the unutilized PDC and if there is still any due to be paid by the complainant, then the opposite parties shall inform the same to the complainant within 45 days from the date of receipt of the order and the complainant shall pay the same within 30 days and thereafter the opposite parties shall comply the same as directed above.  With the aforesaid observation and direction the consumer complaint is disposed of. No cost.