MR LAXMI NARAYAN PADHI, PRESIDENT…           The substance of case is that, the Complainant had preferred for a vehicle loan from the OP.s on dt.01.02.2005 for an amount of Rs.2,17,000/- through hypothecation Contract No.B0083163 and the same he has repaid through EMI in the year 2008 as per contract. But despite several approaches & persuasions by the complainant, the OP.s did not turn to provide the clearance certificate, rather on dt.22.12.2015 the OP.2 misbehaved and warned the complainant for dire consequences, hence he craves the leave of this forum claiming deficiency in service on the part of OP.s, and prayed to direct the OP.s to provide the clearance certificate against the agreement and allow a sum of Rs.60,000/- as compensation and cost.

2.         On the other hand the OP.1 & 2 neither appeared nor filed any counter in the case, despite sufficient chances given to them within four months of its admission, hence they set ex parte as per Sec.13(2)(b) of the C.P.Act. The counsel for complainant heard the case at length, perused the record and submissions considered.

3.         From the above submissions, it reveals that the complainant had taken a vehicle loan from OP.s in the year 2005 and as per terms and conditions he repaid the entire amount through EMIs in the year of 2008 and the OP has no further claim against the hypothecation. But in spite of paying the entire dues with interest as per agreement since the year 2008, the OP.s not yet supplied the clearance certificate to the complainant. No doubt the complainant has approached the OP.s for several occasions for the closure certificate, but the OP.s connived the complainant and misbehaved him in unscrupulous manner.

4.         It is also seen that, despite service of notice of this forum, the OP.s did not cared to appear or file their version in the case. So there is nothing to unbelief the contention of complainant in absence of counter and relevant documents by the OP.s. Hence in our view we found the OP.s are guilty of deficiency in service by not providing the clearance certificate to the complainant, hence he harassed with mental agony and monetary losses. Hence we allowed the complaint against the OP.1 & 2 with cost.

                                                                         O  R  D  E  R

i.          The OP.s are here by directed to supply the clearance certificate against the hypothecation loan agreement in question to the complainant immediately.

i.          The opposite parties 1 & 2 are severally & collaterally hereby directed to pay Rs.10,000/- (Rupees Ten thousand) to the complainant as compensation for mental agony, inter alia Rs.2,000/- (Rupees Two thousand) as cost of litigation to the complainant, for such deceptive practices, deficiency and willful negligence.

iii.       All the above directions shall be complied with in 30 days of this order, failing which, the total sum will bear 12% interest per annum till its realization. Pronounced on 11th day of July' 2016.

                              Sd/-                                                            Sd/-

                        MEMBER                                         PRESIDENT, DCDRF,

                                                                                      NABARANGPUR.