Delhi

East Delhi

CC/352/2015

HAKIMUDIN KHAN - Complainant(s)

Versus

MAQMA FINCORP - Opp.Party(s)

09 Jul 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

 

C.C. NO. 352/15

 

Shri Hakimuddin Khan

C-62/1, Street No. 8

North Ghonda, Delhi – 110 053                                      ….Complainant

Vs.     

M/s. Magma Fincorp Limited

F-14, Okhla Industrial Area Phase-I

New Delhi

Regd. Off.: 8, Sant Nagar

East of Kailawh, New Delhi – 110 065                            …Opponent

 

Date of Institution: 16.05.2015

Judgement Reserved on: 09.07.2018

Judgement Passed on: 10.07.2018

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Shri Hakimuddin Khan against    M/s. Magma Fincorp Limited (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of unfair trade practice and deficiency in service. 

2.         The facts in brief are that on 03.04.2005, the complainant took a loan for Rs. 6,75,000/- from M/s. Magma Fincorp Limited (OP) for a period of    10 years and received Rs. 6,52,000/-.  He deposited NOC and papers of property with OP against the loan. 

            It was stated that the complainant deposited monthly installment of Rs. 11724/- (Rs. 11,307/- for installment and Rs. 417/- for insurance) till March, 2015.  When he visited the office of OP for collecting NOC and papers of property, he was told that he had to pay more installments. 

            It was further stated that he sent a letter dated 24.03.2015 to OP which was not replied.  He visited the office of OP several times, but all in vain.  Hence, he has prayed for direction to OP to give the NOC and papers of property; to pay Rs. 50,040/- towards insurance; Rs/ 2,000/- for mental harassment and Rs. 1,000/- towards cost of litigation. 

3.         In the Written Statement, OP have taken various pleas stating that there was an arbitration clause between the parties and the complainant neither paid full amount of loan till date nor visited the office of OP for NOC.  Other facts have also been denied.     

4.         Rejoinder to the WS of OP was filed by the complainant where the contents of the WS have been denied and has reaffirmed the averments of her complaint.

5.         In support of its case, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the facts which have been stated in the complaint.  . 

            No evidence has been filed on behalf of OP. 

6.         We have heard Ld. Counsel for OP and have perused the material placed on record as none has appeared on behalf of complainant to argue.  It has been stated on behalf of OP that the complainant have cleared the loan in the year 2016. 

            The fact that complainant have cleared the loan in the year 2016, M/s. Magma Fincorp Limited (OP) are directed to return the property papers as well as issue NOC to the complainant.  No other relief is required to be given to the complainant as the complainant has not been pursuing his case since November, 2016.  The order be complied within a period of 45 days. 

          Copy of the order be supplied to the parties as per rules.

          File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                                   (HARPREET KAUR CHARYA)

       Member                                                                    Member 

            (SUKHDEV SINGH)

                   President