ORDER<br /> <br /> By Jayasree Kallat, Member:<br /> <br /> Petition is filed by the complainant alleging deficiency of service on the part of the opposite party and seeking relief and compensation from opposite party. The complainant had attained a loan for Rs.1,03,500/- from the opposite party for purchasing a Mahindra Champion Autoriksha. The loan No. was A-58925. There was an agreement to repay the loan amount by 23 equal monthly instalments @ 4500/-. The complainant had handed over signed 23 cheque leaves as per the agreement to opposite party. Each cheque amount was Rs.4500/-. The opposite party was realizing the amount on monthly basis. On 5-3-05 opposite party had sent a notice to the complainant demanding that there was a default of Rs.9000/- and the complainant was to remit Rs.9000/- with 3% interest within three days. When the complainant enquired opposite party about this default. Opposite party informed the complainant that a cheque No.906231 dated 25-10-04 and an other cheque dated 30-6-04 cheque No.906235 has been returned. Hence the complainant had remitted Rs.4500/- on 2-8-05 and Rs.4500/- on 24-8-05 in the opposite party’s office. Complainant received a receipt dated 2-8-05 receipt No.802615 and other receipt dated 24-8-05 with No.8026458. As the complainant had remitted the entire loan amount, on 21-1-06 the complainant demanded No Objection Certificate from opposite party. The opposite party then informed the complainant that a cheque No.906235 for an amount of Rs.4500/- dated 30-6-04 was returned and hence the complainant had to remit Rs.4500/- and an additional interest of 4.50 per day from 30-6-04 onwards for 800 days it will come to an amount of Rs.3600/- and Rs.500/- as expense account. Opposite party demanded an amount of total Rs.8600/-. Complainant denied as she had already remitted the full amount. The opposite party denied NOC for this reason when the complainant enquired about the cheque No.906235 dated 30-6-04 in the complainant’s bank she came to know that the same cheque was honoured on 12-7-04 itself. Opposite party had not disclosed this information but instead sent a demand notice to the complainant on 5-3-05 for an amount of Rs.9000/-. Opposite party had been deficient in their service by purposely hiding true facts from the complainant and demanding more amount from the complainant. According to the complainant opposite party has realized Rs.4500/- in excess from the complainant. So she sent a notice demanding Rs.4500/- along with interest from opposite party. As the opposite party did not issue the NOC the complainant had difficulty in plying the vehicle. Hence the complainant filed this petition seeking back the NOC along with Rs.4500/- with interest and compensation.<br /> <br /> The opposite party had filed a version denying all the allegations and averments. In the version opposite party has admitted that on verification of the accounts it was seen that the complainant remitted an amount of Rs.4500/- in excess. Opposite party also agreed to provide the NOC to the complainant.<br /> <br /> The point for consideration is whether the complainant is entitled to get any relief?<br /> <br /> Even though the opposite party had appeared and filed their version and also produced a cheque for Rs.4500/- as the Forum did not function for sometime the cheque had become invalid. I.A.3 of 2008 was filed by the complainant to get the cheque for Rs.4500/- revalidated. The I.A. was allowed. The opposite party was directed to issue fresh cheque to the complainant on 10-3-08. On 26-3-08 complainant filed another I.A. 10 of 2008 to get back the NOC and form No.35. NOC original and Form No.35 received on 11-4-08 by the complainant. Opposite party was directed to produce the revalidated cheque on or before 11-4-08. On 11-4-08 opposite party sought a further 15 days for revalidating the cheque. On the next posting date that is 30-4-08 the complainant was represented but opposite party was absent. Again the case was posted to 21-5-08 directing the complainant to take steps. On 21-5-08 complainant represented but opposite party was absent. So it was ordered to issue notice to opposite party and posted to 12-6-08. On 12-6-08 again opposite party was not present. Again the case was posted to 7-7-08 . On 7-7-08 even though acknowledgement received from opposite party, opposite party was not present in court. Hence the opposite party called absent. Even though the opposite party was given a number of chances to revalidate the cheque and settle the issue with the complainant by handing over the NOC and the revalidated cheque, opposite party did not comply. Court has received the affidavit of the complainant as an evidence against opposite party. Along with affidavit complainant has filed Exts. Marked as Ext.A1 to A13. From the affidavit and Ext.A1 to A13 the case of the complainant is proved. The Forum has been convinced that there was negligence and deficiency on the part of opposite party. The opposite party had taken back the cheque in the name of the complainant for redating. Opposite party was negligent and has not appeared in court or given the redated cheque to the complainant. Hence we are of the opinion that the complainant is entitled for the relief.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> In the result the petition is allowed and opposite party is directed to give back Rs.4500/- to the complainant with interest @ 8% per annum from the date of filing the petition that is 7.6.06 till realization and also to pay a compensation of Rs.5000/- and a cost of Rs.500/-.<br /> <br /> Pronounced in the open court this the 10th day of September 2008.<br /> <br /> Sd/- Sd/- Sd/-<br /> PRESIDENT MEMBER MEMBER<br /> <br /> APPENDIX<br /> <br /> Documents exhibited for the complainant.<br /> <br /> A1. Photocopy of Finance scheme issued by O.P. to the complainant.<br /> A2. Letter dt. 10-4-05’<br /> A3. Notice dt. 5-3-05.<br /> A4. Cash receipt dt. 2-8-05.<br /> A5. Cash receipt dt. 24-8-05.<br /> A6. Receipt.<br /> A7. Copy of Lawyer notice dt. 2-2-06.<br /> A8. Postal receipt dt. 3-2-06.<br /> A9. Postal acknowledgement.<br /> A10. Reply noticedt. 28-2-06.<br /> A11. Letter dt. 28-4-06.<br /> A12. Agreement dt. 18-6-05.<br /> A13. Receipt.<br /> <br /> Documents exhibited for the opposite party.<br /> <br /> Nil.<br /> <br /> Sd/- President<br /> <br /> // True copy //<br /> <br /> (Forwarded/By order)<br /> <br /> SENIOR SUPERINTENDENT.<br /> <br /> <br />