MR. PRAVAT KUMAR PADHI, PRESIDENT:-
This C.C.Case No. 33/2023 has been filed U/s-35 of C.P.Act, 2019 seeking following relief:-
Honbl’e Commission may direct the Ops & their agent be directed to issue NOC to the Complainant in respect of vehicle bearing Regd. No. OD-29-EF-7896 and also Rs. 50,000/- towards deficiency in service, mental agony, unfair trade practice by Ops & Rs. 5,000/- towards litigation of cost.
Brief fact of the case is that Complainant has purchased a tractor by way of Finance by the Ops of Rs. 3,00,000/- vide agreement No. ORCUKN0051 dt. 25.04.2019 and period of from 25.04.2019 to 07.10.2022 and agreement value was Rs. 3,93,500/-. Complainant claims to have paid the entire dues of the Bank prior to expiry of agreement period in OTS by depositing Rs. 1,38,327/- on dt. 28.06.2021. But the NOC has not been issued, the Complainant has also filed A/C statement in which it is clearly mentioned that the Complainant has deposited Rs. 60,000/- & Rs. 58,327/- on dt. 22.06.2021 and in toto paid Rs. 3,80,050/-. Thus it is clear that the Complainant has paid the entire loan amount and almost paid the agreement value. But the NOC has not been issued by the Ops.
Notice to Ops was issued on dt. 04.03.2023 but none appeared for the Ops. Even after receipt of notice Ops have received Rs. 10,500/- on dt. 03.04.2023. But none appeared for the Ops. Thus it is clear that Complainant has paid the entire dues much prior to the agreement period for which the Complainant is entitled to get the NOC. But the Ops have not issued the same to the Complainant, which in our considered opinion amounts to deficiency in service as stipulated in Sec-2(7) of C.P.Act, 2019. As such the Ops are liable to pay compensation for not issuing the NOC.
We therefore direct the Ops to issue NOC/NDC in favour of the Complainant within a period of 30 days from the date of receipt of this order. The Ops are further directed to pay Rs. 10,000/- for mental agony and Rs. 3000/- towards cost of this litigation. With the aforesaid observations the C.C.Case No. 33/2023 is allowed & accordingly disposed off.
Issue extract of the order to the parties for compliance.
Pronounced in the open Commission, on this the 3rd day of October,2023.
I, agree
Sd/- Sd/-
MEMBER PRESIDENT
