Haryana

Kurukshetra

68/2018

Randhir Singh - Complainant(s)

Versus

Magma Finance - Opp.Party(s)

Arvind Bhardwaj

07 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, KURUKSHETRA.

                                                     Complaint Case No.68 of 2018.

                                                     Date of institution: 27.03.2018.

                                                     Date of decision:07.06.2018.

Randhir Singh aged about 33 years son of Sh. Arvinderpal Singh, resident of Village & Post Office Siana Saidan, Tehsil Pehowa, District Kurukshetra.

                                                                        …Complainant.

                        Versus

Magma Finance Limited, through Branch Manager, Magma Finance Limited, SCO No.48, 2^nd Floor, Sector-17, Kurukshetra, Haryana. 

….Respondent.

BEFORE     SH. G.C.Garg, President.

                Ms. Anamika Gupta, Member.

       

Present:     Sh. Arvind Bhardwaj, Advocate, for the complainant.   

                Op exparte.

               

ORDER

                This is a complaint under Section 12 of the Consumer Protection Act, 1986 moved by complainant Randhir Singh against Magma Finance Limited, the opposite party.

2.            It is stated in the complaint that the complainant obtained a car loan from the Op company in respect of the car make Maruti Suzuki, Alto K10 VXI and he was paying the installments regularly to the Op but due to some unavoidable circumstances, the complainant could not make the payment of installments to the Op.  It is alleged that the Op in order to recover the payment filed a suit for recovery in the Civil Court against the complainant and the Court passed an order against the complainant and in compliance of the order, the Op filed an execution petition in the Hon’ble Court of Sh. Rajeev Goyal, Ld. Addl. District Judge, Kurukshetra and during the pendency of the execution petition, the complainant made a payment of Rs.90,000/- to the Op as per the direction of the Hon’ble Court and thereafter, the Hon’ble Court directed the Op vide order dt. 04.02.2017 that the Op shall now be bound to issue “No Objection Certificate” in favour of complainant.  It is further alleged that the complainant requested the Op several times to issue no objection certificate but the Op did not listen the genuine request of complainant.  So, it is a clear cut case of deficiency in service on the part of Op and prayed for acceptance of complaint with the direction to Op to supply the “No objection certificate” to the complainant and further to pay Rs.50,000/- as compensation for harassment and mental agony as-well-as Rs.15,000/- as litigation charges.   

3.            Upon notice, the OP did not appear and opted to proceed exparte vide order dt. 03.05.2018.

4.             We have heard the ld. Counsel for the complainant and perused the record carefully.

5.             From perusal of record and arguments advance by ld. counsel for the complainant, it is clear that the only grievance of the complainant is that despite clearance of car loan amount, the Op did not supply the no objection certificate to the complainant.  The complainant has supported his versions by affidavit and other documents.  Whereas, on the other hand, there is no rebuttal on the part of Op as the Op was proceeded exparte.  In these circumstances, the complainant is entitled to no objection certificate from the Op.

6.            In view of our above said discussion, the complaint of the complainant is allowed and we direct the OP to supply “No objection certificate” to the complainant.  The order; be complied within a period of 60 days, failing which, penal action under Section 27 of the Consumer Protection Act, 1986 would be initiated against the opposite party.  Copy of this order be communicated to the parties free of cost.  File be consigned to record after due compliance. 

Announced in open court:

Dt.:07.06.2018.  

                                                                        (G.C.Garg)

                                                                        President.

 

 

(Anamika Gupta)             

                                        Member