Andhra Pradesh

Visakhapatnam-II

CC/242/2013

Animirddi Appalanaidu - Complainant(s)

Versus

M/S Indus Ind Bank Liomited - Opp.Party(s)

L.P. Naidu

10 Jul 2015

ORDER

                  Reg. of the Complaint:22-10-2013                                                                                                                                      Date of Order:10-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

FRIDAY, THE 10^TH DAY OF JULY, 2015

CONSUMER CASE NO.242/2013

 

BETWEEN:

Sri Animireddy Appalanaidu S/o Nookaraju,

Hindu, aged 39 years, r/o D.No.2-68,

Vazragadapalem, Village, Makaravarapalem Mandal,

Visakhapatnam District.

…Complainant

AND:

1.M/s Indus Ind Bank Limited rep. by its Branch Manager,

Saradanagar, Narsipatnam, Visakhapatnam District.

 

2. M/s Indus Ind Bank Limited rep. by its Authorised Signatory,

Registered office at No.34, Old No.15 and 116,

G.N.Chetty Road, T.Nagar, Chennai.

…Opposite Parties

 

This case coming on 24-06-2015 for final hearing before us in the presence of SRI L.P.NAIDU, Advocate for the Complainant, and of                                     SRI D.SITA RAMA RAJU, Advocate for the 1^st Opposite Party, and 2^nd Opposite party, being set exparte, and having stood over till this date for consideration, this Forum made the following.

 

ORDER

 (As per the Honourable President on behalf of the Bench)                                                                              

1. The Complainant filed the present complaint against the Opposite Parties, directing them to issue Loan Clearance Certificate and Rs.50,000/- towards compensation and Rs.5,000/- towards costs.
2. The case of the complainant in brief is that he availed loan facility from OPs for purchasing a Motor Vehicle Hero Honda to be payable in monthly installments @ Rs.1,903/- per month subsequently, he paid the installments to OPs regularly without any default and obtained receipts from time to time and paid the entire balance amount due to Rs.13,700/- on 27-10-2011 and obtained valid receipts and in fact he paid excess amount to OPs, but did not give the clearance certificate and demanding further amount in spite of his demand for issuance of clearance certificate to OP, he gave evasive replies and threatened him with dire consequences and hence, this complaint.
3. The case of OP-1 admitted the complainant availed loan for purchasing Hero Honda to be payable monthly installments @ Rs.1903/- per month and the payment made by the complainant from time to time are validated and the complainant has to still pay an amount of Rs.18,007/- including cheque bouncing charges etc., the complaint is a chronic defaulter and litigant. Due to irregular payments, they have instituted arbitrary proceedings and the same was awarded and suppressing the original facts, he approached this forum with unclean hands.
4. The very prayer for NOC would go to prove that he has not received NOC from the Bank but he managed to forge the same and submitted a fake NOC before RTA, Akanakapalli which has only to lead to cancellation of banks hypothecation endorsement resulting in huge loss to them. For all these reasons, the complaint filed by the complainant is liable to be dismissed.

5.       To prove the case on behalf of the complainant, Exhibits A1 and A2 are marked. On behalf of the OP, they filed their Evidence affidavit and got marked Exhibits B1 to B3.

7.       Exhibit A1 is the Bunch receipts and Exhibit A2 is the Loan Application along with Bunch of Papers.

8.       Exhibit B1 is the Statement of Account and Settlement Proposal, Exhibit B2 is the Arbitration Award and Exhibit B3 is the Form 24 “B” Register Extract issued by the RTA, Anakapalle.

9.       Both parties filed their written arguments.

10.     Heard oral arguments from both sides.

          Now the point for determination to be determined in this case is;

Whether there is any deficiency of service on the part of the OPs and the Complainant is entitled to any reliefs asked for?

11.     The case of the complainant in brief is that he cleared the entire loan amount but the OPs did not give the clearance certificate and when demanded, they used to give evasive replies. The case of the OPs in brief is that the complainant has not cleared the loan dues in full as such no objection certificate was not issued in his favour. In order to prove the case of the complainant, he relied up Exhibit A1 bunch of cash receipts marked as Exhibits A1 and A2 loan Application along with payment schedule and statement of account issued by the bank. Exhibit A2 statement of account reveals that the payment made by the complainant from time to time.  Exhibit A1 Bunch of Receipts also shows the payment made by the complainant. Receipt dated 27-10-2011 shows advance collection of Rs.13,700/-. According to the complaint, this amount was not credited to his account. Therefore, it is the look out of the complainant to get the entry in the relevant registers showing that he paid the entire amount but unfortunately he did not get any document from OPs that this amount of Rs.13,700/- was credited in his account.

12.     At this stage, it is relevant for us to scrutinize  the documents relied upon by OPs. Exhibit B1 is the statement of account dated 01-04-2014 for the account of the complainant and it reveals that the complainant has to pay Rs.10,513/- as on 31-12-2013. This account does not disclose the alleged payment said to have been made by the complainant on 27-10-2011.The other receipts filed vide Exhibit A1 clearly and categorically goes to show in Exhibit B1. Exhibit B1 shows the account balance of the complainant Exhibit B2 is the proceedings before the arbitrator which reveals that the OP approached Arbitrator  for non-payment of loan by the complainant and the arbitrator passed award, holding that the complainant has to pay the same of Rs.14,236/- with interest @ 18% p.a.  If really the complainant paid amount as contended by him as per Receipt dated 27-11-2013 for Rs.13,700/-, it would have reflected in his account copy vide Exhibit A1 and B1. But it did not do so. When OPs able to show that  that the complainant has not paid the said amount which is not reflected in their account, it is for the complainant to establish either by summoning the concerned Bank authorities or by filing affidavit of the concerned to whom the advance amount was paid but he failed to adduce any evidence in this regard. On scrutiny of the evidence, we are of the considered view that the complainant failed to substantiate that he paid Rs.13,700/- and it was properly credited to his account. Probably this might be the cause for the OPs for not issuing no objection certificate as their account copies go to show that he has not cleared the loan amount.  For these reasons, the complaint filed by the complainant deserves to be dismissed.

 

 

14.     In the result, this complaint is dismissed. No costs.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 9^th day of July, 2015.                                   

 

Sd/-                                               Sd/-                                           Sd/-               

LADY MEMBER                            MALE MEMBER                        PRESIDENT  

 

APPENDIX OF EVIDENCE

  For the Complainant:-

Exhibits	Date	Description	Remarks
A1		Bunch of Receipts	Originals
A2		Loan Application along with relevant papers	Photocopies

For the Opposite Parties:-                                                   

Exhibits	Date	Description	Remarks
B1		Statement of Account and Settlement Proposal	Photocopy
B2		Arbitration Award	Photocopy
B3		Form 24 “B” Register Extract issued by the RTA, Anakapalle	Photocopy

 

 

Sd/-                                               Sd/-                                           Sd/-               

LADY MEMBER                            MALE MEMBER                        PRESIDENT