By L. Jyothikumar, Member:
Complaint was filed on 11-8-2006. The case of the complainant is that he had availed an auto loan from the opposite party for an amount of Rs.2,70,000/-. The complainant had issued 21 post dated cheques for the monthly repayment of the loan. Monthly repayment amount was Rs.14100/-. The repayment schedule was starting from 2-11-2003 and ended on 2-7-2205. During this period there was no notice or information regarding the non-payment of the loan amount. So he had approached to the opposite party for getting the No Objection certificate. The complainant was informed that one of his cheques was bounced without payment. He had paid Rs.14,100/- plus an additional amount of Rs.450/- on 14-12-2005. After making the payment the opposite party did not issue NOC of the vehicle. Then complainant sent a notice by requesting the NOC. Opposite party sent reply to the notice by demanding Rs.6803/- towards the delayed payment on 23-12-2003. So opposite party has refused to issue NOC. The complainant executed a sale agreement for the selling of above vehicle. Due to non-availability of the NOC the complainant had to return the advance amount. Hence this petition seeking for the direction to issue NOC, compensation for mental agony and financial loss suffered by the complainant due to the deficiency in service on the part of the opposite party.
Notice was served to the opposite party. Opposite party filed version denying the averments in the complaint except those that are expressly admitted. The complainant had to pay Rs.14100/- plus Rs.450/- during the month of December 2003. That was paid only on 14-12-05. Therefore the loan account of the complainant was overdue by Rs.6803/-. Hence No Objection Certificate could not be issued to the complainant. Opposite party has decided to write off the overdue amount of Rs.6803/- to ensure that the matter should get resolved without any further delay. So opposite party has waived the amount. The loan account of the complainant was closed on 24-8-06 on opposite party’s system. No Objection Certificate and “Form 35” were sent to the complainant on 22-8-06. The opposite party is not liable to pay any amount of compensation. The petition is filed without any basis. The complainant is not entitled for any relief. Hence the opposite party prays to dismiss the petition with costs to the opposite party.
Points for consideration are (1) Whether there was any deficiency on the part of opposite party? (2) Whether the complainant is entitled to any relief?
Complainant was examined as PW1 and Exts. A1 to A9 were marked on complainant’s side. On the side of the opposite party, the Asst. Manager of the Bank was examined as RW1 and Ext.B1 marked.
Point No.1:
The complainant had paid the monthly repayment amount of Rs.14100/-. The repayment schedule was starting from 2-11-2003 and ended on 2-7-05. According to the complainant during this period there was no notice or information regarding the non-payment of the loan amount. He had approached the opposite party for issuing of No Objection certificate. Then only complainant was informed that one of his cheques was bounced without payment. Opposite party should have informed this matter immediately to the complainant when the cheque was bounced. But the opposite party failed to inform. Complainant had paid the amount of Rs.14100/- plus an additional amount of Rs.450/- on 14-12-2005. Even after making this payment complainant did not get No Objection certificate of the vehicle. So the complainant sent a notice by requesting for the No Objection certificate. Opposite party sent reply to the notice by demanding Rs.6803/- towards the delayed payment which was due on 23-12-2003 for a bounced cheque which the complainant had already remitted. After filing this complaint the opposite party had decided to write off the overdue amount of Rs.6803/- and issued No Objection Certificate to the complainant. It is an admitted fact that the opposite party did not take any steps to be paid on 23-12-2003. No notice was sent to this effect. Non issuing of the No Objection certificate caused financial loss and mental agony to the complainant. Complainant could not sell his vehicle due to non- availability of No Objection certificate. From the evidence and documents produced by both sides, Forum has found that there was negligence and deficiency on the part of the opposite party.
Point No.2:
Forum has found that there was deficiency on the part of the opposite party. Hence we are of the opinion that the complainant is entitled for relief. In our opinion the complainant has requested huge amount for compensation.
In the result the petition is allowed and the opposite party is directed to pay Rs.5000/- to the complainant as compensation. The opposite party is directed to comply the order within one month from the date of receipt of copy of the order.
Pronounced in the open court this the 3rd day of December 2010.
SD/- PRESIDENT SD/- MEMBER SD/- MEMBER
APPENDIX
Documents exhibited for the complainant:
A1. Letter dt. 17-10-2003 of 2nd O.P. and repayment schedule.
A2. Repayment Receipt dt. 14-12-05 .
A3. Copy of Regd. Letter dt. 23-2-2006.
A4. Postal receipt.
A5. Postal acknowledgement.
A6. Reply letter dt. 14-3-2006.
A7. Photocopy of vehicle sale agreement executed by the complainant with Abdul
Azees. Dtd. 10.12.2005
A8. Photocopy of agreement of receipt
A9. Regd. Notice received by complainant from Abdul Azees dtd.19.06.2006.
Documents exhibited for the opposite party:
B1. Photocopy of statement of HDFC Bank from 03.07.2000 to 03.07.2009
Witness examined for the complainant:
PW1. Syed Abdurahiman(complainant)
Witness examined for the opposite party:
RW1.Sojin Kumar,O Asst.Manager, HDFC Bank Ltd,Simax tower, 2nd floor West
Nadakavu, Calicut
Sd/-President
//True copy//
(Forwarded/By Order)
SENIOR SUPERINTENDENT
