02.32.2010 Stage : Orders<br /> Complainants : Sri Raghu.L. Advocate<br /> <br /> 1. The complainants have filed the complaint under section 12 of the C.P.Act, seeking a direction to the opposite parties to issue No Due Certificate in respect of the vehicle KA-09-M-9276, and for cost of the proceedings.<br /> 2. In the complaint amongst other allegations, it is alleged that, the complainants had borrowed loan of Rs.2,00,000/- from the first opposite party as financial assistance to purchase the vehicle KA-09-M-9276. Up to June 2003 Rs.90,441/- has been repaid. The guarantor and the complainants approached opposite parties to clear the amount, but the opposite parties did not give the details. O.S.No.208/06 was filed before the Civil Judge (Jr.Dn.), Mysore and now, the matter is pending in RA No.349/08 on the file of Second Additional Civil Judge (Sr.Dn.), Mysore.<br /> 3. Considering the facts alleged in the complaint, we have heard the learned advocate for the complainants regarding maintainability and the admissibility of the complaint. Also, we have perused the records.<br /> 4. Now, we have to consider, whether the present complaint is admissible and maintainable?<br /> 5. For the following reasons, our finding is in negative.<br /> REASONS<br /> 6. It is suffice to note that, in the first paragraph of the complaint, even according to the complainants, loan of Rs.2,00,000/- from the opposite parties was borrowed to purchase the vehicle in question and up to June 2003 only a sum of Rs.90,441/- has been paid. Thus, even as alleged in the complaint itself, towards principle only more than Rs.1,00,000/- is still due, apart from the interest whatever may be. In spite of it, the complainants have filed the complaint seeking directions to the opposite parties to issue NOC. At the cost of the repetition, even as per the facts mentioned in the complaint itself, the principle loan itself has not been repaid or cleared, but by the present complaint, the complainants intend to direct the opposite parties to issue NOC.<br /> 7. Apart from the fact noted in the above paragraph, in the second paragraph of the complaint, there is mention that, complainants had filed original suit before the Civil Court. Purposely the complainants have not mentioned the result of the said suit. However, they contend that, matter is pending before the Civil Judge (Sr. Dn.) in an appeal. Hence, already there is decision of competent civil Court and purposely, decision is not disclosed by the complainants just by saying that the matter is pending in the appeal.<br /> 8. Considering the facts, firstly there is decision of the Civil Court in respect of the dispute between the parties and secondly, as noted above, complainants have not cleared the dues of the opposite parties, but they want the Forum to issue direction to the opposite parties to issue NOC. Hence, in our opinion, the complaint is not maintainable. In addition to it, prima-facie we are of the opinion that the complaint is frivolous one. Hence, we intend to impose cost on the complainants. Accordingly, following order:<br /> <br /> <br /> ORDER<br /> 1. The complaint is dismissed with cost of Rs.5,000/-.<br /> 2. The complainants jointly and severally shall deposit the said cost of Rs.5,000/- into Legal Aid Account of this Forum within a month from the date of this order.<br /> 3. If the cost is not deposited by the complainants, the office is directed to put up the file before the Forum.<br /> 4. Give a copy of this order to the complainants according to Rules.<br />