Delhi

North East

CC/299/2014

Ravinder Kr. - Complainant(s)

Versus

Manager, Fullerton India - Opp.Party(s)

08 Aug 2016

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM: NORTH-EAST

GOVT. OF NCT OF DELHI

D.C. OFFICE COMPLEX, BUNKAR VIHAR, NAND NAGRI, DELHI-93

 

Complaint Case No. 299/14

 

In the matter of:

 

	Shri Ravinder Kumar S/o Sh Dheeraj Singh R/o H.No. B-16, Street No. 2, East Nathu Colony, Shahdara, Delhi-110093	Complainant
	Versus
	Fullerton India Credit Co. Ltd. Through its Manager E-4/3, Karol Bagh, Jhandewalan Delhi-110055
		Opposite Party
Order

 

	DATE OF INSTITUTION:	08-08-2014
	DATE OF DECISION      :	08-08-2016

 

 

 

N.K. Sharma, President:-

Nishat Ahmad Alvi, Member:-

Ms. Usha Khanna, Member:-*+

 

 

1. As per complaint the complainant has borrowed a loan from OP in the Month of August 2010 for a sum of Rs. 38,550/- payable in 24 EMIs of Rs. 2040/-, against purchase of motor bike, make Hero Honda CBZ bearing registration No. DL-1ST 8886. OP sanctioned the loan vide, Loan A/c No. 011920200011870 and Customer I.D. No. 2517492. Against repayment of loan complainant has issued 24 post dated cheques of EMIs of Rs. 2040/- each in favour of OP. All cheques except one for the month of March 2011 has got encashed by OP from the account of complainant. The complainant has paid the said installment (March 2011) in cash to the representative of OP against due receipt vide No. 4411243 dated 29.03.2011 amounting to Rs. 2,040/-. However, said cheque has since not been returned by OP to complainant and is still in the custody of OP. After complete repayment of the loan, complainant’s request for issuing No Objection Certificate (NOC) was not paid heed to by the OP. Rather OP telephonically informed, in the month of March 2013, to the complainant, that he has to pay penalty of Rs. 5,000/- alongwith one installment for the month of December 2011 as cheque for this month was dishonoured. Complainant informed that the said cheque has already been encashed out of his account but OP did not accept the same and insisted that the same is still pending and not cleared till date. Complainant visited to the office of OP and contacted its officials a number of times, particularly on 01.08.2013, 22.08.2013 and latest on 05.12.2013 but there is no satisfactory reply from the side of OP.  Thus, OP is deficient in service and harassing complainant, leading to mental agony, pain and waste of his precious time. Complainant has prayed for the directions to the OP to issue NOC and remove hypothecation from the RC of the vehicle in question alongwith Rs. 50,000/- compensation and litigation cost of Rs. 11,000/-.
2. OP, by filing its reply, has alleged that since a cheque of December 2011 has been dishonored and the same has yet not been paid, complainant is defaulter of that installment and liable to pay penal interest and penalty thereon, which he has failed to pay. Therefore, no cause of action against OP arises to issue NOC unless the defaulted installment is paid with interest and penalty. OP has prayed for dismissal of the complaint.
3. Both the parties filed their respective affidavits of evidence alongwith relevant documents.
4. Heard and perused the record.
5. In support of his contentions complainant has placed on record loan repayment schedule (Ex CW1/A), Copy of Bank Passbook (Ex CW1/B), Copy of Receipt dated 29.03.2011 of Rs. 2040/- issued by OP (Ex CW1/C), Copy of statement of cleared cheque dated 08.12.2011 (Ex CW1/D), Copy of application for issuing No Objection Certificate (Ex CW1/E), Copy of FIR dated 04.03.2014 (Ex CW1/F).
6. OP in support of its contention has placed on record only summary of, complainant’s account including dishonor of cheque.
7. Regarding payment of cheque of March 2011 OP has no dispute. Ex-CW1/C receipt issued on behalf of OP for the amount of that installment has also not been denied by the OP. Now the only question to decide remains as to whether the cheque issued by complainant for the EMI of December 2011 was dishonored or not? if yes, to which amount complainant is liable to pay for getting the NOC issued from OP. Perusal of Ex CW1/A shows that the first installment was due in the 1^st week of October 2010 and last installment was due on 5.9.2012. Ex-CW1/B shows that cheques issued by complainant have been cleared but for an installment of March 2011, which is also shown  received from complainant in cash by OP as per Ex-CW1/C. Thereafter, all the cheques are also shown cleared including the cheque in dispute i.e. 14.12.2011 which is specifically shown in Ex CW1/D.
8. OP in support of its contention that cheque of December 2011 has been dishonored has placed on record only a self prepared cheque bouncing details. But failed to place on record the cheque in question or copy thereof or the return memo of the cheque. Record show that OP was provided enough opportunities to place on record original or photocopy of the cheque in question. But the same was not so placed by OP. Even on filing additional written arguments. Though OP craved leave of this forum to file the same on record but not filed it.
9. Thus complainant has succeeded in proving its complaint while OP couldn’t controvert the same and OP’s contention of dishonor of cheque for the month of December 2011 is found false and without any basis. All this seems a futile exercise on the part of officials of OP to save their skin and nothing more, leading to mental and physical harassment, financial loss and loss of reputation, to complainant.
10. Therefore, we are of the view that OP is not only deficient in service but has also adopted unfair trade practice. Thus holding OP guilty for the same, we direct it to issue No Objection Certificate (NOC) to the complainant, in respect of the loan account in question and remove hypothecation from the RC of the bike in question with compensation of Rs. 20,000/- and litigation cost of Rs. 5,500/-. As the officials concerned of OP have deliberately harassed the complainant, amount of compensation shall be deducted out of the salary of officials concerned of the OP.
11. The order shall be complied within 30 days from the receipt of order of this Forum.
12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005.
13. File be consigned to record room.
14. (Announced on  08.08.2016)    

 

         On Leave

(N.K. Sharma) President

(Nishat Ahmad Alvi) Member

(Usha Khanna) Member