Heard the learned counsel for the appellant. None appears for the respondent.
2. This appeal is filed U/S-15 of erstwhile Consumer Protection Act,1986(herein-after called the Act). Hereinafter, the parties to this appeal shall be referred to with reference to their respective status before the learned District Forum.
3. The case of the complainant, in nutshell is that the complainant had availed loan under loan-cum-hypothecation agreement from OP. The final payment of Rs.8,000/- was made as installment on 24.04.2009. Thereafter the complainant approached the OP for issue of NOC but it was not issued. Thereafter the legal notice was given by the complainant. Since, no reply came out, the complaint is filed.
4. The OP filed written version stating that they have produced all the papers before the insurance authority and the complainant executed agreement in favour of OP on 13.03.2006. It is further averred that the complainant has made agreement in favour of the OP No.1. As per agreement the complainant has paid Rs.1,92,000/- as margin money to obtain the finance. The complainant did not pay installment for which there is outstanding of Rs. 43,452.36 against him. The complainant did not get any insurance dues of Rs.9,529.00. Since, all these claims are settled, the complainant has falsely filed the complaint case. Therefore, there is no deficiency in service on the part of the OP.
5. After hearing both the parties, learned District Forum pleased to dismiss the complaint.
6. Learned counsel for the appellant submitted that learned District Forum has committed error in law by passing the impugned order. Learned District Forum has not passed order in favour of the complainant by allowing more interest because complainant is entitled to 9% interest. Since the interest part is not adjusted properly although complainant is entitled to more interest, learned District Forum failed to pass the order in accordance with law. So, he submitted that the impugned order should be set-aside by allowing the appeal.
7. Considered the submission of learned counsel for the appellant, perused the DFR and impugned order.
8. We have gone through the judgment. No agreement is filed to show that the complainant is entitled to more interest or OP also liable to give more interest.
9. In the result, the correct order is passed by the learned District Forum and there nothing to interfere with it. There is no more interest chargeable. We only modified the impugned order by directing the OP to issue NOC to the complainant and thus, the OP has not come in appeal.
The appeal is disposed of accordingly. No cost.
Free copy of the order be supplied to the respective parties or they may download same from the confonet or website of this Commission to treat same as copy of order received from this Commission.
DFR be sent back forthwith.