Order dictated by:

Sh.Anoop Sharma, Presiding Member.

1.       Sh.Dharminder Singh has brought the instant complaint under section 12  & 13 of the Consumer Protection Act, 1986 on the allegations that  he is permanent resident of above said address and is a law abiding citizen of India. The complainant has taken loan of Rs.1,60,000/- for the purpose of domestic need from Opposite Party No.2 and he has already returned he loan amount alongwith interest by way of installments and the Opposite Party in lieu of returned amount receipt of paid up installments has issued to the complainant. After paying all the loan amount alongwith interest to the Opposite Party No.2, the complainant approached  the concerned Opposite Party for issuance of clearance certificate, but Opposite Party No.2 demanded further loan amount on the pretext that the complainant has still due towards the Opposite Party No.2 and concerned Opposite Party pressurizing the complainant to deposit the remaining alleged amount, but refused to give detail. The complainant surprised to know after examining the whole receipts issued by Opposite Party No.2 that he has already paid excess amount and again approached Opposite Party No.2 and shown the receipts and requested for issuing the clearance certificate and to return the amount which was fraudulently taken by Opposite Party No.2 in excess.  The complainant requested many a times to Opposite Party No.2 for issuing clearance certificate as well as excess amount received by Opposite Party No.2. Not only this, the complainant has also issued legal notice to Opposite Parties in this regard, but Opposite Parties refused to accept the genuine request of the complainant.   The  complainant has prayed for the following reliefs  through the instant complaint.

a)       Opposite Parties  be directed to issue the clearance certificate to the complainant.

b)      Opposite Parties may also be directed to return the excess amount alongwith interest to the complainant.

c)       A compensation and litigation expenses to the tune of Rs.20,000/- may also be awarded to the complainant.

d)      Any other relief to which the complainant is found entitled under the law and equity may also be awarded to him.

Hence, this complaint.

2.       Upon notice, inspite of due service, none put in appearance on behalf of Opposite Party No.1  and as such, Opposite Party No.1 was ordered to be proceeded against exparte.

3.       Upon notice to Opposite Party No.2 Sh.Rajan Sanyal, Advocate appeared on behalf of Opposite Party No.2 and filed power of attorney, but despite availing the sufficient opportunities, the written version by Opposite Party No.2 not filed despite availing more than 45 days, hence Opposite Party No.2 has forfeited its right to file the written version.   

4.       In his bid  to prove the case, complainant tendered  his duly sworn affidavit Ex.CW1/A in support of the allegations made in the complaint and also produced copy of the legal notice Ex.C1, copies of the receipts Ex.C2 to Ex.C7 and copies of counter foils of the bank Ex.C8 to Ex.C12 and copy of receipt Ex.C13  and  closed the  evidence.

5.       We have heard the ld.counsel for the complainant as well as ld.counsel for Opposite Party No.2 and have carefully gone through the evidence on record.

6.       From the appraisal of the evidence on record, it becomes evident that complainant availed loan from Opposite Party No.2 worth Rs.1,60,000/- for the purpose of domestic need and he has already returned he loan amount alongwith interest by way of installments and the Opposite Party in lieu of returned amount receipt of paid up installments has issued to the complainant, copies of the receipts Ex.C2 to Ex.C7 and Ex.C13  and copies of counter foils of the bank Ex.C8 to Ex.C12. It is submitted by the ld.counsel for the complainant that after paying all the loan amount alongwith interest to the Opposite Party No.2, the complainant approached  the concerned Opposite Party for issuance of clearance certificate, but Opposite Party No.2 demanded further loan amount on the pretext that the complainant has still due towards the Opposite Party No.2 and concerned Opposite Party pressurizing the complainant to deposit the remaining alleged amount, but refused to give detail. It is further submitted that the complainant surprised to know after examining the whole receipts issued by Opposite Party No.2 that he has already paid excess amount and again approached Opposite Party No.2 and shown the receipts and requested for issuing the clearance certificate and to return the amount which was fraudulently taken by Opposite Party No.2 in excess.  The complainant requested many a times to Opposite Party No.2 for issuing clearance certificate as well as excess amount received by Opposite Party No.2. Not only this, the complainant has also issued legal notice to Opposite Parties in this regard, copy of which is placed on record as Ex.C1, but Opposite Parties refused to accept the genuine request of the complainant. The evidence produced by the complainant has gone unrebutted on record as  Opposite Party No.1  despite due service, did not opt to appear and contest the proceedings. Not only this, though Sh.Rajan Sanyal, Advocate appeared on behalf of Opposite Party No.2, and filed power of attorney, but despite availing the sufficient opportunities, the written version on behalf of  Opposite Party No.2 not filed despite availing more than 45 days, hence Opposite Party No.2 has forfeited its right to file the written version.   In this way, the Opposite Parties have impliedly admitted the correctness of the allegations made in the complaint. It also shows that Opposite Parties  have no defence to offer or defend the complaint. The complainant has sought for issuance of clearance certificate and for refund of amount, paid in excess in lieu of loan installments to Opposite Party No.2 besides compensation and litigation expenses to the tune of Rs.20,000/-.

7.       In our considered view, both  the Opposite Parties  are jointly, severally and co-extensively liable to issue the clearance certificate to the complainant. The complainant is also entitled to the refund of the amount, if any paid in excess to Opposite Parties.  But however, the claim for compensation and litigation expenses  to the tune of Rs.20,000/-  is concerned, the same appears to be exorbitant and excessive. The rationale behind grant of compensation has been to compensate a party of the loss occasioned by it. It is none of the intention of the legislature while legislating the Consumer Protection Act to enrich a particular party at the cost of the other. The compensation has to be awarded in commensuration with the loss occasioned to the complainant. In our considered view, ends of justice would  be fully met if the complainant is awarded compensation to the tune of Rs.2000/- and we award the same accordingly. Besides this, the complainant is also entitled to litigation expenses to the tune of Rs.1000/-. Opposite Parties  are granted one month time to comply with the order, failing which  the complainant would have a right to get this order enforced through the indulgence of this Forum.  Both the Opposite Parties  are held liable jointly, severally & co-extensively to comply with the order.  The complaint stands allowed accordingly. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.

Announced in Open Forum

Dated: 18.01.2017.