IN THE CONSUMER DISPUTES REDRESSAL FORUM, PATHANAMTHITTA,

Dated this the 8^th  day of October, 2010.

Present : Sri. Jacob Stephen (President).

Smt. C. Lathika Bhai (Member)

N. Premkumar (Member)

C.C.No.162/09 (Filed on 01.12.2009)

Between:

Sherly Abraham,

Thazhathillathu House,

Vadasserikara.P.O.,

Vadasserikara.                                                             .....     Complainant

And:

1.     Manager,

HDFC Bank Ltd.,

Mather Square,

Opp. North Railway Station,

Ernakulam North.

2.     HDFC Bank,

XXVI/149 (1&2),

Illampallil Building,

M.C. Road, Thiruvalla.                                               .....     Opposite parties.

O R D E R

Sri. Jacob Stephen (President):

                   The complainant has filed this complaint against the opposite parties for getting a relief from the Forum.

                   2. The complainant’s case is that she had availed a vehicle loan of ` 2,50,000 from the opposite parties for purchasing new Santro Xing Car during April, 2004.  As per the terms of the loan agreement, the complainant has to pay 60 monthly instalments of ` 5,025 per instalment for repaying the loan.  For that purpose, the complainant had entrusted 60 signed cheques to the opposite parties drawn from her account with Federal Bank Ltd., Vadasserikara and instalments starts from 2.5.04 and the last is on 2.4.09.  The complainant also arranged sufficient funds in her account for encashment of the cheque amount and the opposite parties regularly encashed the cheque.  While so opposite parties issued a notice dated 2.1.09 to the complainant demanding to pay an amount of ` 37,881.38 without furnishing any details of the said amount.  On getting the said letter the complainant sent a reply notice.  But they have not responded the complainant’s notice.  The last instalment was on 2.4.09.  After that date the complainant sent a letter to the opposite parties on 18.4.09 requesting to sent the no objection certificate for effecting cancellation of the hypothecation endorsement in the original R.C. Book of the vehicle as the complainant had cleared all instalments within time.  Thereafter also they have not issued the no objection certificate to the complainant.  Instead, opposite parties issued two letters on 2.6.09 and 3.9.09 demanding ` 19,176 and ` 20,080 respectively.  In the said said letters, opposite parties also threatened the complainant that they will seize the vehicle and sell it.  Since the complainant is not a defaulter and had paid the entire instalments within time, the demand and threatening of the opposite parties is illegal and opposite parties are liable to issue no objection certificate.  The said acts of the opposite parties are illegal, arbitrary and unfair trade practice and deficiency in service, which caused mental agony and financial loss and other inconveniences to the complainant.  Hence this complaint for an order directing the opposite parties for issuing the no objection cerificate along with compensation of ` 50,000.

                   3. Opposite parties filed their version with the following main contentions:  Opposite parties admitted the transaction.  According to the opposite parties the complainant was aware of the dishonour of the cheques and the said dishonours were also intimated to the complainant within time.  The complainant’s averment that she had no dues is false.  The complainant is entitled to get no objection certificate only after closing the loan account and hence she is not entitled to get any relief as prayed for in the complaint and opposite parties are not liable to the complainant as they have not committed any deficiency of service or unfair trade practice to the complainant.  With the above contentions, opposite parties pray for the dismissal of the complaint with their cost.

                   4. On the basis of the above pleadings of the parties, the only point to be considered is whether this complaint can be allowed or not?

                   5. The evidence of this case consists of the proof affidavit of the complainant and Exts.A1 to A6.  No oral or documentary evidence was adduced by the opposite parties.  After closure of the evidence, both parties were heard.

                   6. The Point:- The complainant’s allegation against the opposite parties is that though she had paid all the instalments of the vehicle loan within time, the opposite parties are not ready to return the no objection certificate and instead they demanded more money than they have entitled to get the relief.

                   7. In order to prove the complainant’s case, the complainant had filed a proof affidavit in lieu of her chief examination along with six documents.  The documents produced were marked as Ext.A1 to A6 on the basis of the proof affidavit.  Ext.A1 is the letter dated 20.5.04 issued by the opposite parties in the name of the complainant informing about the disbursement of the loan amount attached with the repayment schedule of the complainant’s loan with the opposite party.  Ext.A2 is the letter dated 2.1.09 issued by the opposite party to the complainant demanding to pay ` 37,881.88.  Ext.A3 is the reply notice dated 24.1.09 sent by the complainant to the opposite party in reply to Ext.A2.  Ext.A4 is the photocopy of the letter dated 18.4.09 sent by the complainant to the opposite party demanding the non objection certificate for making endorsement in the R.C.Book of the complainant’s vehicle.  Ext.A5 is the letter dated 2.6.09 issued by the opposite party demanding the complainant to pay an amount of ` 19,176 within 7 days.  Ext.A6 is another letter dated 3.9.09 issued by the opposite party to the complainant demanding ` 20,080 within 7 days. 

                   8. For the opposite parties, they have not adduced any oral or documentary evidence for substantiating their contentions in their version.

                   9. On the basis of the contentions of the parties, we have perused the materials on record and found that the complainant had availed a loan of ` 2,50,000 from the opposite parties for the purchase of the vehicle by the complainant and as per Ext.A1 repayment will starts from 2.5.04 and the instalment amount is ` 5,025.  According to the complainant, she had paid all the instalments as per the terms and conditions of the loan agreement.  Even after closing the loan account opposite parties have not given no objection certificate for making endorsement in the registration certificate of the complainant’s vehicle.  Instead of issuing no objection certificate opposite parties demanded payments from the complainant vide Ext.A2 , A5 and A6.  On a perusal of Ext.A4 registered letter the complainant claims that she had cleared the entire dues to the opposite parties.  The non-response to the complainant’s claim and the non-production of any evidence by the opposite parties for substantiating their contentions in the version leads us to a presumption that the complainant’s allegations against the opposite parties had some force.  Moreover, the opposite parties failed to defend their case.  Thus the complainant’s case stands proved as unchallenged.  Therefore, we find that this complaint is maintainable and allowable.

                   10. In the result, the complaint is allowed, thereby the opposite parties are directed to issue the no objection certificate to the complainant with compensation of ` 5,000 (Rupees Five Thousand only) and cost of `1,000 (Rupees One Thousand only) within 30 days from the date of receipt of this order, failing which the complainant is allowed to realise an amount of ` 50,000 (Rupees Fifty thousand only) from the opposite parties along with interest at the rate of 10% from today till the whole realisation.

                        Declared in the Open Forum on this the 8^th day of October 2010.

                                                                                                         (Sd/-)

                                                                                             Jacob Stephen,

                                                                                                (President)

Smt. C. Lathika Bhai (Member)              :         (Sd/-)

Sri. N. Premkumar (Member)                 :         (Sd/-)

Appendix:

Witness examined on the side of the complainant:        Nil

Exhibits marked on the side of the complainant:

A1     :  Letter dated 20.5.04 issued by the opposite parties to the               

             complainant.

A2     :  Registered letter dated 2.1.09 issued by the opposite party to the 

             complainant. 

A3     :  Reply notice dated 24.1.09 sent by the complainant to the

             opposite party. 

A4     :  Photocopy of the letter dated 18.4.09 sent by the complainant

              to the opposite party.

A5     :  Letter dated 2.6.09 issued by the opposite party to the complainant. 

A6     :  Letter dated 3.9.09 issued by the opposite party to the complainant.    Witness examined on the side of the opposite parties :  Nil

Exhibits marked on the side of the complainant  :  Nil.

                                                                                            (By Order)

                                                                                    Senior Superintendent.

Copy to:- (1) Sherly Abraham, Thazhathillathu House, Vadasserikara.P.O.,

                       Vadasserikara.                                              

(2)  Manager, HDFC Bank Ltd., Mather Square, Opp. North -    

      Railway Station, Ernakulam North.

(3)  HDFC Bank, XXVI/149 (1&2), Illampallil Building,

                       M.C. Road, Thiruvalla.

                  (4) The Stock File.