Date of Filling     :  19.01.2015.

                                                                                           Date of Disposal :  29.04.2016.

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, THIRUVALLUR - 1.

PRESENT:  THIRU. S.  PANDIAN, B.Sc., L.L.M.,              …    PRESIDENT

                    TMT. S.  SUJATHA, B.Sc.,                           …    MEMBER - I

Consumer Complaint no.10/2015

(Dated this Friday the 29^th day of April 2016)

S. Nambirajan,

S/o. Mr. Sankariah,

Agricultural Office,

Paavoorchatram,

Tenkasi – 627 811.                                                                … Complainant.

                                                          / Versus /

I.C.I.C.I. Bank Limited,

Personal Loan Division,

Rep. by its Manager,

No.24, South Phase,

Ambattur Industrial Estate,

Chennai - 600 058.                                              … Opposite party.

This complaint is coming upon before us finally on 28.04.2016 in the presence of M/s. S. Petchi Muthu Kumar, Counsel for the Complainant and the  opposite party is Set Exparte for non appearance and for non filing of Written Version and upon hearing arguments, having perused the documents and evidences of the Complainant,  this Forum delivered the following,

ORDER

PRONOUNCED BY THIRU. S.  PANDIAN, PRESIDENT

This complaint is filed by the complainant U/S 12 of Consumer Protection Act, 1986 against the opposite party for seeking to issue the No Due Certificate / No Objection Certificate and to pay a sum of Rs.1,00,000/- towards compensation for unfair trade practice which leads to deficiency in service on the part of the opposite party and thereby caused mental agony and hardship to the complainant with cost.

1.      The brief averments of the complaint as follows:-

The opposite party had filed pre - litigation case in the Lok Adalat conducted by the Tamil Nadu State Legal Services Authority regarding the loan obtained by the complainant from the opposite party.  On receipt of the notice from the Lok Adalat both the complainant and the opposite party appeared before the Lok Adalat and amicably settled on 22.08.2013 and thereby, the complainant had agreed to pay the offered amount of Rs.32,000/- by way of three instalments i.e. Rs.5,000/- to be paid on or before 26.08.2013, Rs.13,500/- to be paid on or before 25.09.2013 and the remaining amount of Rs.13,500/- to be paid on or before 25.10.2013.  As per the settlement, the complainant had paid the above said amount on the relevant due date and thereby, complied with the orders of the Lok Adalat.

2.       After payment of the amount, the complainant had requested the opposite party to issue No Due Certificate / No Objection Certificate, but the opposite party has deliberately refused to issue the same and thereby, committed deficiency in service and unfair trade practice to the complainant.  Therefore, the complainant had suffered mental agony and much hardship.

3.       Moreover, the complainant had sent a notice to the opposite party on 18.12.2013 and till date there is no response from the opposite party.   Hence, this complaint.

4.       In spite of sufficient time and opportunities given, the opposite party did not turned up before this Forum and therefore, the opposite party was set exparte.  Thereafter, though the opposite party has come forward to file petition to set aside the exparte order along with the petition to condone the delay in Cmp.63/2015.  But in this petition also the opposite party has not come forward to proceed further and hence the said petition Cmp no.63/2015 also dismissed on 28.04.2016. 

5.       In order to prove the case of the complainant, the complainant has filed the proof affidavit as his evidence Ex.A1 to Ex.A3 are marked.

6.    At this juncture, the point for consideration before this Forum is:-

1. Whether there is any deficiency of service on the part of the opposite party as alleged in the complaint?

2. To what other reliefs, the complainant is entitled to?

7.       Written arguments filed by the complainant and also oral arguments adduced on the side of the complainant.  Though the opposite party remained Ex-parte, this Forum wants to dispose the case fully on merits.

8.       Point no.1:-

Regarding this point, it is crystal clear from the averments of the complaint as well as in the proof affidavit that, the opposite party himself preferred a pre-litigation petition before the Lok Adalat conducted by the Tamil Nadu State Legal Services Authority.  It is further seen that on receipt of the notice from the Lok Adalat both the complainant and the opposite party appeared before the Lok Adalat on 22.08.2013.  The award passed in the Lok Adalat regarding the terms of settlement between the parties on 22.08.2013 is marked as Ex.A1.  As per the terms of settlement as offered by the opposite party herein after discussion between both the parties it was settled at Rs.32,000/- towards full and final settlement of the total claim.  The amicable settlement was made to pay a sum in three installments viz.

1.  Rs. 5,000/- to be  paid on or before 26.08.2013.
2. Rs.13,500/- to be  paid on or before 25.09.2013 &
3. Rs.13,500/- to be  paid on or before 25.10.2013.
9.  
10.  
11.  

In view of the findings arrived in point no.1, the complainant is entitled to get relief as prayed in the complaint with reasonable compensation and cost.Thus point no.2 is answered accordingly.

13.     In the result, this complaint is allowed in part.  Accordingly, the opposite party is directed to issue the “No Due Certificate”, immediately to the complainant for the alleged Personal loan account No.LPTKI0000008575329 and to pay a sum of Rs.5,000/- towards compensation for causing mental agony and hardship suffered by the complainant due to the deficiency in service on the part of the opposite party with cost  Rs.5,000/- totally of Rs.10,000/- (Rupees ten thousand only) to the complainant.

The above amount shall be payable within one month from the date of receipt of the copy of the order, failing which, the said amount shall carry interest at the rate of 9.5% till the date of payment.

Dictated by the president to the steno-typist, transcribed and computerized by him, corrected by the President and pronounced by us in the open Forum on this 29^th  April 2016.

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MEMBER - I                                                                             PRESIDENT

List of documents filed by the complainant:-

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MEMBER - I                                                                             PRESIDENT