C.C. No.12/2019

Susil Kumar Sahoo,

S/o. Dhruba charan Sahoo,

Vill.- Tasangara Brahmapur,

P.O.- Narijanga,

P.S.- Tirtol,

Dist.- Jagatsinghpur.                                                 ……………. Complainant

                           (Versus)

1. Manager, HDFC Bank, Cuttack,

At Retail Loan Service Centre,

Shantiniketan Building, Jholasahi,

Cuttack- 753001.

2. HDFC Bank Ltd., HDFC Bank House,

Senapati Bapat Marg,

Lower Parel (West),

Mumbai- 400013.

3. HDFC Bank,

Sahidnagar Branch, Bhubaneswar,

Dist.- khurda.…..… Opposite parties

For Complainant………..Mr. P.K. Nayak & Associates

Opposite Parties………..Ex-parte

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

                                                                                                 JUDGMENT

             The complainant has field this consumer complaint under Sect.12 of Consumer Protection Act, 1986 against the opposite parties for issue of No Objection Certificate (NOC) corresponding to his vehicle bearing Regd. No.OR-02-BY-0686. The said vehicle was a used car refinanced by the opposite parties. The complainant filed welcome letter and the account statement supplied by the opposite parties.

            The opposite parties appeared through their Advocate but not to preferred filing written version before this Commission. Hence the opposite parties were set ex-parte vide order No.16 dtd.21.11.2019.

            We gone through the complaint petition, welcome letter containing repayment schedule along with account statement of the complainant’s loan. The complainant also filed a money receipt of the opposite parties supplied to the complainant by the opposite parties. This money receipt was issued by the opposite parties on 08.5.2017 amounting to Rs.25,000/-. On going through the account statement it is clear that, the complainant has already paid his installment amount and also paid an amount of Rs.25,000/- on 08.5.2017 towards overdue interest and other charges. But it is a fact that some of the cheques of the complainant bounced.  

            From the account statement we could not exactly know how many cheques of the complainant are bounced and how much opposite parties have taken excess amount than the agreed amount. So we are of the opinion that the present complaint should be allowed favour of the complainant.

            Hence, we direct that, the opposite parties shall issue NOC in favour of the complainant on receipt of cheque bounce charges from the complainant as per the account statement and refund surplus money after deducting cheque bounce charges from the amount of Rs.52,103/-.

            This order is to be carried out within 45 days from the date of receipt of the order. With the aforesaid observation and direction the consumer complaint is disposed of without any cost.

            Pronounced in the open Commission on this 16^th February,2024.