Order No. 11 dt. 09/09/2016
The case of the complainant in brief is that the complainant took loan from the o.p. and the car loan was sanctioned under Auto Finance Scheme amounting to Rs.1,63,000/- plus interest. On the basis of the said loan amount the complainant purchased a vehicle bearing no.WB 0261130 manufactured by Maruti Suzuki Motor Ltd. It was decided that the complainant would pay Rs.3372/- through 60 account payee cheques drawn on UBI, Buroshibtala Branch, Kolkata. It was found that after the payment of 14 installments the complainant was informed that Auto Finance Scheme was moved up and the o.p. returned the balance of 46 post dated cheques to the complainant. The scheme was changed from Auto Finance Scheme to Mileage Scheme and complainant was asked to pay the stipulated amount and accordingly, complainant paid the amount and lastly on 7.7.08 o.p. issued a zero balance statement. The complainant after seeing the zero balance statement asked the o.p. nos.2 and 3 to issue no objection certificate so that he can deposit to Public Vehicles Deptt., Govt. of West Bengal but o.ps. denied to issue the said NOC. Ultimately sent a lawyer’s notice. The complainant through counsel preferred an application before DLA South 24 Parganas Lok Adalat, but o.ps. failed to remain present, as a result of the matter was not settled. It was stated by complainant that complainant he had to pay excess amount of rs.46,811/- and total banking and financial loss of the complainant to the tune of Rs.42,966/- totaling the loss suffered by complainant to the tune of Rs.89,777/-. The complainant also prayed for Rs.3 lakhs for compensation and damages.
The o.ps. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that on the basis of the application form complainant was provided auto loan on 1.5.04. Subsequently the above account was converted to Mileage Overdraft Facility and the account bearing no.32205224117 was opened on 31.5.05 for an overdraft facility of Rs.1,50,000/-. The mileage overdraft facility extended by o.p. bank is a revolving line of credit with no fixed monthly installment. The interest is charged by o.p. bank on daily basis against the daily running balance in the above account. In case of money is deposited in mileage account the interest charged with outstanding will be reduced. Moreover, one can withdraw the deposited money at any point of time based on his / her requirement. The post adjustment of the dues in the auto loan account, the amount of Rs.1,31,760/- had been transferred to th4e mileage account on 17.7.05. The zero balance does not mean that complainant had no dues to o.p. bank therefore issuance of no objection / dues certificate did not arise. The complainant is contractually bound to repay the dues along with the finance charges. In view of the said facts and circumstances o.ps. prayed for dismissal of the case as there was no deficiency or unfair trade practice on the part of the o.ps.
On the basis of the pleadings of parties the following points are to be decided:
- Was the complainant a borrower of the loan obtained from o.p. no.1.
- Whether auto loan scheme was converted into mileage scheme and the issuance of zero balance in the 1st scheme will ensure any benefit to the complainant.
- Was the o.p. no.1 illegally withheld the NOC in favour of the complainant.
- Is the complainant entitled to get the relief as prayed for.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainant on the basis of the loan agreement granted by o.p. no.1 argued that o.p. no.1 granted loan and with the said amount the complainant purchased a Maruti Suzuki motor car and in order to repay the loan with interest 60 account payee post dated cheques amounting to Rs.3372/- were handed over to o.p. no.1 and after the payment of 14 installments o.p. nos.2 and 3 informed the complainant that they have moved up Auto Finance Scheme and induced Mileage Scheme and they returned the 46 nos. of post dated cheques. The complainant was informed on 10.9.08 that there was zero balance statement and accordingly o.ps. were asked to issue NOC, since the same was not provided thereby the complainant had to file this case with the allegation that there was deficiency in service on the part of o.p. bank and accordingly, the complainant has prayed for relief.
Ld. lawyer for o.ps. argued that the loan was sanctioned to complainant and after payment of some installments by complainant a new scheme of loan named mileage scheme was introduced and complainant enjoyed the said facility under the revised scheme. But after Dec. 2007 complainant stopped repayment of loan amount and ultimately o.p. bank was compelled to transfer the outstanding of Rs.27,416/- to delinquent category (doubtful debt) resulting in showing of original loan account as zero balance. Accordingly ld. lawyer for the o.ps. prayed for dismissal of the case and heavy cost is to be imposed upon the complainant for filing such false and frivolous case.
Considering the submissions of the respect parties it is admitted fact that complainant took loan under scheme of auto finance and from the materials on record it is found that he paid a few installments and thereafter with the changing of a new scheme which was duly informed to complainant and the new scheme namely mileage scheme was induced with the benefit of the complainant that he could repay the loan amount without any stipulated amount of installment and agreed to his desire he could have paid the installment including he could have withdraw the amount from the said account”. From the materials on record it is crystal clear that the complainant enjoyed the said facility but whenever complainant failed to pay the amount the o.p. bank had to transfer the outstanding amount ofRs.27,416.94 delinquent category, as a result of which the account of the complainant showed zero balance, simply because the zero balance was shown that cannot give any benefit to the complainant that he had no dues to the bank. The complainant deliberately took such misleading plea to camouflage the o.ps,. and by taking advantage of the said words zero balance without going into the inner meaning of the said language claim from the o.p. for issuance of NOC which was righly declined by o.ps. In view of the facts and circumstances as stated above we hold that the complainant has failed to substantiate his claim and to get any relief from this Forum and accordingly, we are constrained to dismiss the claim of the complainant. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.347/2015 is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
