By Smt. PREETHI SIVARAMAN.C, MEMBER

1.The complaint in short is as follows: -

      Complainant availed a loan for Rs. 73,099/- from opposite party for purchasing KL-10-BB-9172 Honda Activa vehicle. As per the agreement, EMI of the loan was fixed as Rs. 3,055/- repayable in 36 instalments.  According to complainant, as per their agreement the total amount to be paid to opposite party including Principal amount and its interest is Rs 1,09,980/-. Opposite party had regularly withdrawn the repayment amount on 5^th of every month from complainant’s account towards the loan.  From April 2020 to August 2020 the government had declared moratorium over all loans. Hence complainant did not pay the instalment amount on that month due to Covid pandemic. Complainant availed the loan  from the opposite party on the condition of making repayment in 36 instalments and also the opposite party made believe the complainant in such manner. Due to the pending of the defaulted amount at the moratorium period, complainant completed that payment on August 2022.  Thereafter complainant approached opposite party for getting NOC after full repayment of defaulted amount and full repayment of the loan amount. But at that time opposite party demanded Rs. 9203/- as fixed charges in various heads. Moreover, opposite party hesitate to give NOC to complainant without paying Rs 9203/- to the loan account of complainant. Complainant again stated that due to the Covid pandemic issues, he was unable to repay 3 instalments of repayment amount in time and opposite party charged Rs. 590/- and withdrew that amount from complainant’s account in three times.  After paying the full amount opposite party demanded Rs. 9203/- which was pending during the moratorium period declared by Government of India. The act of opposite party is a clear violation of government order. 

2.          After filing this complaint on 10/08/2022, opposite party withdrew Rs 590/-

each twice on 03/10/2022 and Rs.590/- on 20/10/2022 from complainant’s account.  The act of opposite party results a low point in complainant's Cibil score.  It is a clear deficiency of service and unfair trade practice from the side of opposite party.  Hence this complaint.

3.        The prayer of the complainant is that, the  commission should give  instruction to the opposite party that the complainant  must be exempted from  paying  Rs. 9,203/- the amount that the opposite party demanded to pay by  complainant which was pending during the moratorium period announced by Government of India during the Covid pandemic season, Rs.1,00,000/-as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and for getting NOC from opposite party and Rs. 5000/- as cost of the proceedings.

4.       On admission of the complaint notice was issued to the opposite party and notice served on them and they did not turn up. Hence opposite party set exparte.

5.         In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A7. Ext.A1 is the copy of statement of account of complainant from 01/03/2021 to 30/06/2022 given by IDBI Bank from Malappuram, Ext.A2 is the copy of Statement of account showing the details of payment made by complainant, Ext.A3 is the copy of estimate of complainant’s vehicle,  Ext.A4 is the copy of receipt voucher for Rs. 500/- dated 14/02/2019, Ext. A5 is the copy of receipt voucher for Rs. 9,890/- dated 15/02/2019, Ext. A6 is the copy of payment details and the amount to be paid by the complainant to the opposite party during the moratorium period, Ext. A7 is the copy of statement of account of complainant from 01/10/2022 to 27/10/2022 given by IDBI Bank. 

6.    Heard the complainant, perused the affidavit and documents filed by complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter.   Moreover, complainant produced seven documents which are very supportive to prove his case. From the documents it is clear that complainant had paid the instalments regularly.  The repayment was not made by him during the moratorium period announced by Government of India. As per Ext. A2 document, it is clear that from 06/04/2020 to 05/08/2020 there is no loan repayment during moratorium period by complainant to opposite party. In that document it is evident that the complainant had regularly paying the loan without any default. As per Ext. A7 document it is clear that opposite party had debited Rs.590/- from complainant’s account because there was no sufficient balance in complainant’s account.  Like that opposite party withdrew Rs. 590/- twice on 03/10/2022, and thereafter on 20/10/2022. It means the opposite party withdrawn the amount from the account of complainant after receipt of notice from this Commission and the notice from this Commission had served on the opposite party on 24/08/2022 itself.  There is no right for opposite party to charge the complainant for the non-payment of instalments during the moratorium period declared by Government of India. It appears the opposite party had withdrawn Rs. 590/- as alleged by the complainant and seems to be that during the Covid pandemic moratorium period as per Ext. A1. The complainant produced the copy of account statement showing the entire transaction between complainant and opposite party.  The moratorium period availed during Covid -19 pandemic cannot be treated as default period. The act of opposite party is arbitrary and without any basis.  The act of opposite party can be considered as an attempt to exploit the customer, who is already suffered the after effects of Covid -19 pandemic. Moreover, opposite party hesitate to provide the NOC after the full and final repayment of the loan he had taken. 

6.      The loan repayment period of complainant is 36 equal instalments which ends in February 2022.  There is 5 months moratorium period which is provided by Central Government and if it is exempted from the payment period, the complaint is entitled to remit his loan instalments till July 2022.   It appears that the complainant has paid the full amount on 24/08/2022.  Even after filing this complaint and after receipt of notice from this Commission, the opposite party deducted some amount from complainant’s account which amounts  to an unfair trade practice.  We are on the opinion that the demand made by opposite party for payment of additional amount for issuance of NOC i.e., Rs. 9304/- or for any further amount from the complainant as total balance is improper, irregular and illegal.  Hence, we debar the opposite party from claiming any further amount from the complainant towards as balance amount. 

7.      Complainant also apprehend due to the improper and illegal demand of the opposite party will cause his CIBIL score, which is not baseless.  So it will be proper to restrain the opposite party from reporting to any of the credit rating company which affect the credit score of complainant due to the transaction took place in the matter. 

8.       The complainant is entitled   for reasonable amount of compensation and cost of the proceedings.  Complainant also entitled for No Objection Certificate as prayed by the complainant. 

9.     In the above facts and circumstances, we allow the complaint holding that the opposite party is deficient in service, as follows: -

1. The opposite party is directed to issue the No Objection Certificate to the complainant with respect to the vehicle KL-10-BB-9172 Honda Activa.
2. The opposite party is restrained from reporting to any of the credit rating company which affect the credit score of complainant  adversely due to the transaction took place in the matter. 
3. Opposite party is directed to pay compensation of Rs. 20,000/- (Rupees Twenty thousand only) to the complainant on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant.
4. The opposite party also directed to pay Rs. 5,000/- (Rupees Five thousand only) as cost of the proceedings.

          The opposite party is directed to comply this order within 30 days from the date of receipt of copy of this order, failing which the opposite party is liable to pay the interest at the rate of 9% per annum on the said amount from the date of order till realisation.

Dated this 6^thday of January, 2023.

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER

APPENDIX

Witness examined on the side of the complainant                      :Nil

Documents marked on the side of the complainant                    : Ext.A1to A7

Ext.A1 : Copy of statement of account of complainant from 01/03/2021 to     

               30/06/2022 given by IDBI Bank from Malappuram.

Ext.A2 : Copy of  Statement of account  showing the details of payment made by

              complainant.

Ext.A3: Copy of estimate of complainant’s vehicle.

Ext.A4: Copy of receipt voucher for Rs. 500/- Dated 14/02/2019.

Ext. A5: Copy of receipt voucher for Rs. 9890/- dated 15/2/2019.

Ext. A6: Copy of payment details   and the amount to be paid by the complainant to 

               the opposite party during the moratorium period.

 Ext.A7: Copy of statement of account of complainant from 1/10/2022 to 27/10/2022               

                given by IDBI Bank.   

Witness examined on the side of the opposite party                 :Nil

Documents marked on the side of the opposite party               :Nil

MOHANDASAN K., PRESIDENT

PREETHI SIVARAMAN C., MEMBER

MOHAMED ISMAYIL C.V., MEMBER