Order by:

Sh.Amrinder Singh Sidhu, President

1.       The complainant  has filed the instant complaint under section 12 of  the Consumer Protection Act, 1986 (now under section 35 of the Consumer Protection Act, 2019)  on the allegations that he purchased John Deere Tractor bearing RC No.PB05-AB-7745  with the financial assistance of Rs.3,15,000/- from the Opposite Parties and said loan was repayable in 24 monthly installments of Rs.16,275/- commencing from 15.9.2017 to 15.08.2019. The complainant alleges that he has already repaid the total loan amount alongwith interest/ penal interest amounting to Rs.3,95,070/- to the Opposite Parties. After clearing the loan amount alongwith interest, the complainant approached the Opposite Party No.1 and requested to issue the No Due Certificate and to return his various blank signed cheques, which were obtained by them at the time of sanctioning the loan, but the Opposite Parties are putting off the matter on one pretext to another and in this way, the complainant is suffering on account of mental tension and harassment due to deficiency in service on the part of the Opposite Parties.   Vide instant complaint, the complainant has sought the following reliefs.

a)       The Opposite Party may be directed to  make the payment of Rs.2 lakhs on account of compensation for causing him mental tension and harassment and also to issue No Due Certificate in respect of the tractor and to return the original blank signed paper/ stamp papers pronote and 10 blank signed cheques which were obtained by the Opposite Parties at the time of sanctioning the loan and any other relief as this District Consumer Commission may deem fit be also granted.  

Hence, the Complainant has filed the present complaint for the redressal of her grievances. 

2.       Opposite Parties appeared through counsel and contested the complaint by filing  the written version taking preliminary objections therein inter alia that the complaint is not maintainable; there is no deficiency in service on the part of the Opposite Party  and the complaint is absolutely false and frivolous.  Actual facts are that  the complainant has deposited a sum of Rs.3,95,070/- with the Opposite Parties upto 23.08.2019 which is admitted fact. It is pertinent to mention over here that till 15.08.2019 a sum of Rs.3,90,600/- was due towards the complainant on account of instalments and Rs.6000/- was due towards the complainant on account of penal interest/ additional interest as the complainant did not deposit his instalments on agreed dates and hence, in totality, till 23.08.2019 the complainant has to deposit a sum of Rs.3,96,600/- with the Opposite Parties on account of instalments and penal interest/ additional interest and in this way a  sum of Rs.1530/- n account of penal interest/ additional is till due towards the complainant which he failed to deposit till the date of present reply. As and when, the complainant  pay the said amount of Rs.1530/-, the Opposite Parties have no objection to issue No Due Certificate in favour of the complainant  of the tractor in question. Moreover, after the clearance of account, minimum two months period s required to process No due certificate. Moreover, the Opposite Parties are not in possession of any blank signed papers/ stamp papers and blank signed cheques of the complainant as alleged.                   Hence, there is no deficiency in service on the part of the Opposite Parties.  On merits, the Opposite Parties took up the same and similar pleas as taken up by them in the preliminary objections and the  complaint may be dismissed with costs.    

3.       In order to  prove  his  case, the complainant has  tendered into evidence his affidavit Ex.CW1 alongwith copies of documents Ex.C1 to Ex.C17 and  closed the evidence on behalf of the complainant.

4.       On the other hand,  to rebut the evidence of the complainant,  Opposite Parties also tendered into evidence the affidavit of Sh.Chetan Sharma Ex.Ops1 alongwith copies of documents Ex.Ops2 and Ex.OP3 and closed the evidence.

5.       We have heard the ld.counsel for the parties and also  gone through the documents placed  on record.

6.       Ld.counsel for the Complainant has  mainly reiterated the facts as narrated in the complaint and contended that  the complainant has  purchased John Deere Tractor bearing RC No.PB05-AB-7745  with the financial assistance of Rs.3,15,000/- from the Opposite Parties and said loan was repayable in 24 monthly installments of Rs.16,275/- commencing from 15.9.2017 to 15.08.2019. Further contended that the complainant has already repaid the total loan amount alongwith interest/ penal interest amounting to Rs.3,95,070/- to the Opposite Parties. After clearing the loan amount alongwith interest, the complainant approached the Opposite Party No.1 and requested to issue the No Due Certificate and to return his various blank signed cheques, which were obtained by them at the time of sanctioning the loan, but the Opposite Parties are putting off the matter on one pretext to another and in this way, the complainant is suffering on account of mental tension and harassment due to deficiency in service on the part of the Opposite Parties.

7.       On the other hand, ld.counsel for the Opposite Party has repelled the aforesaid contention of the ld.counsel for the complainant on the ground that  the complainant has deposited a sum of Rs.3,95,070/- with the Opposite Parties upto 23.08.2019 which is admitted fact. It is pertinent to mention over here that till 15.08.2019 a sum of Rs.3,90,600/- was due towards the complainant on account of instalments and Rs.6000/- was due towards the complainant on account of penal interest/ additional interest as the complainant did not deposit his instalments on agreed dates and hence, in totality, till 23.08.2019 the complainant has to deposit a sum of Rs.3,96,600/- with the Opposite Parties on account of instalments and penal interest/ additional interest and in this way a  sum of Rs.1530/- n account of penal interest/ additional is till due towards the complainant which he failed to deposit till the date of present reply. As and when, the complainant  pay the said amount of Rs.1530/-, the Opposite Parties have no objection to issue No Due Certificate in favour of the complainant  of the tractor in question. Moreover, after the clearance of account, minimum two months period s required to process No due certificate. Moreover, the Opposite Parties are not in possession of any blank signed papers/ stamp papers and blank signed cheques of the complainant as alleged and  hence, there is no deficiency in service on the part of the Opposite Parties.

8.       It is not disputed that the complainant has  purchased John Deere Tractor bearing RC No.PB05-AB-7745  with the financial assistance of Rs.3,15,000/- from the Opposite Parties and said loan was repayable in 24 monthly installments of Rs.16,275/- commencing from 15.9.2017 to 15.08.2019. Further contended that the complainant has already repaid the total loan amount alongwith interest/ penal interest amounting to Rs.3,95,070/- to the Opposite Parties. The defence of the Opposite Parties is that admittedly,   the complainant has deposited a sum of Rs.3,95,070/- with the Opposite Parties upto 23.08.2019 whereas till 15.08.2019 a sum of Rs.3,90,600/- was due towards the complainant on account of instalments and Rs.6000/- was due towards the complainant on account of penal interest/ additional interest as the complainant did not deposit his instalments on agreed dates and hence, in totality, till 23.08.2019 the complainant has to deposit a sum of Rs.3,96,600/- with the Opposite Parties on account of instalments and penal interest/ additional interest and in this way a  sum of Rs.1530/- on account of penal interest/ additional is till due towards the complainant which he failed to deposit till the date of present reply. As and when, the complainant  pay the said amount of Rs.1530/-, the Opposite Parties have no objection to issue No Due Certificate in favour of the complainant  of the tractor in question. The aforesaid contention with regard to balance payment of Rs.1530/- has not been denied by the complainant which are legally liable to pay by the complainant.   

9.       In view of this, we direct the Opposite Parties to issue ‘No Due Certificate’ with regard to Tractor bearing RC No.PB05-AB-7745 and also release the original documents, if any, in their possession, to the complainant, subject to deposit the balance amount  out of the loan amount Rs.1,530/- by the Complainant  to the Opposite Parties. The compliance of this order be made by the Opposite Parties within 45 days from the date of receipt of copy of this order, failing which the complainant shall be at liberty to get the order enforced through the indulgence of this Commission. Keeping in view the peculiar circumstances of the case, the parties are left to bear their own costs.   Copies of the order be furnished to the parties free of cost. File be consigned to record room after compliance.

10.     Reason for delay in deciding the complaint.

          This complaint could not be decided within the prescribed period because the State Government has not appointed any of the Whole Time Members in this Commission for about 3 years i.e. w.e.f. 15.09.2018 till 27.08.2021 as well as due to pandemic of COVID-19.

Announced in Open Commission.

Dated:15.02.2022.