Complainant Piara Singh through the present complaint filed U/s 12 of the Consumer Protection Act 1986 (hereinafter, called the Act) has prayed for issuance of necessary directions to the titled opposite parties to issue No Due certificate regarding the Three Wheeler bearing Registration No.Pb-06-V-3393 and also to return the excess amount alongwith interest @ 18% per annum from the date of due till its realization and  to pay compensation for harassment and mental agony, in the interest of justice.

2.       The case of the complainant in brief is that he is unemployed and purchased New Three Wheeler Mohindera Alfa for Rs.1,84,000/- from agency situated at village Jeewanwal Babri for earning his livelihood and for self employment on 15.9.2013 and the same was registered vide registration No.PB-06-V-3393. He paid Rs.50,000/- at the time of purchase of the three wheeler and for the remaining amount of Rs.1,36,000/- he got financed the three wheeler from the opposite party no.2. He continue to pay the installment of the abovesaid three wheeler to the opposite party no.2 till October, 2015 and he paid the amount of Rs.1,50,000/- to the opposite party no.2 and he never defaulted in payment of the installments. In the month of November 2015, the opposite parties forcibly took the three wheeler from his house in his absence. Thereafter he approached the opposite party no.2 and requested to handover the three wheeler and he is ready to pay the remaining amount of three wheeler but of no avail. He approached to the opposite party no.2 in the month of December, 2016 and requested to handover his three wheeler and the opposite party no.2 said to him that his three wheeler has  already been sold by the opposite parties and nothing is due against him as his three wheeler sold for Rs.1,25,000/- and also assured him that they  will return the excess amount to him after adjusting the loan amount and also assured that they will issue No Due Certificate against the loan taken by him. He in the first week of January, 2017 approached to the opposite party no.2 and requested to return the excess amount and also issue No Due Certificate against the loan account, but the opposite party no.2 is putting the matter with one pretext or the other and has not issued the No Due Certificate and excess amount to him uptill now. This act of the opposite party is illegal, null and void and against the law. Hence this complaint.

3.          Notice of the complaint was issued to the opposite parties who appeared through their counsel and filed their written reply taking the preliminary objections that the complaint of the complainant is not maintainable; the jurisdiction of this Ld.Court is barred to the complainant as there is an arbitration agreement between the parties to raise all the issues and disputes before the Sole Arbitrator only and  the complainant has not come to the Forum with clean hands and concealed the material and true facts from this Ld. Forum. On merits, the complainant had applied for an loan amount of Rs.1,40,000/- and the same was sanctioned and disbursed to the complainant. The complainant had agreed to return the same to the opposite parties at flat rate of interest @ 12.50% P.A. and Insurance amount for one year i.e. Rs.6,000/-. It was denied that the complainant had paid Rs.1,50,000/- to the opposite party no.2 upto October, 2015 in regular installments. Actually he is habitual defaulter in the payment of loan installments and an amount of Rs.39,757.36/- plus future interest is still due against the complainant.  All other averments made in the complaint has been vehemently denied and lastly prayed that the complaint may be dismissed with costs.

4.      Complainant tendered into evidence his own affidavit Ex.C1 alongwith other documents Ex.C2 to Ex.C5 and closed the evidence.

5.       Sh.Sandeep Singh Branch Manager of the opposite party tendered into evidence his own affidavit Ex.OP1,  alongwith other documents Ex.OP-2 and Ex.OP-3 and closed the evidence.

6.      We have heard the parties and find that the complainant has sought No Due Certificate regarding the Financed Three Wheeler bearing No.PB-06-V-3393 and also refund of the excess amount after adjusting the loan amount if any. On the other hand the case of the opposite party is that complainant is habitual defaulter in the payment of loan installments and an amount of Rs.37,757.36 was still due against the complainant. The complainant has failed to prove his case of having paid loan amount in totality to the opposite party. Rather opposite party has been able to prove its version by way of cogent evidence in the shape of affidavit Ex.OP-1 and statement of account Ex.OP-2. Hence, we are of this considered opinion that there is no merit in the present complaint and as such the same is hereby dismissed.

7.       Copy of the order be communicated to the parties free of charges. After compliance, file be consigned to records.

         (Naveen Puri)

                                                                        President     

ANNOUNCED:                                                 (Jagdeep Kaur)

April, 11 2018.                                               Member.

*MK*