Delhi

New Delhi

CC/567/2012

Mahipal Singh - Complainant(s)

Versus

M/S. Development Credit Bank Ltd. - Opp.Party(s)

21 Jul 2015

ORDER

CONSUMER DISPUTES REDRESSAL FORUM-VI

(DISTT. NEW DELHI), ‘M’ BLOCK, 1^STFLOOR,

VIKAS BHAWAN, I.P.ESTATE,

NEW DELHI-110002.

 

Case No.CC/567/12        Dated:

In the matter of:

SH.MAHIPAL SINGH

R/O H NO. 70, POLE NO.57,

KH.NOI.1074,

VILLAGE BHALSWA,

DELHI-33

 

……..COMPLAINANT

       

VERSUS

 

1.M/S. DEVELOPMENT CREDIT BANK

15,HANSALAYA BLDG, GROUND FLOOR, BARAKHAMBA ROAD,

CONNAUGHT PLACE,

NEW DELHI-110001.  

 

………. OPPOSITE PARTIES

 

 

 

 

 

ORDER 

MEMBER: RTU GARODIA

 

The deficiency highlighted in this case is non issue of no-objection certificate/clearance certificate after payment of all EMI’s.

The bank had issued four vehicle loans vide Loan Agreement with EMI. Details are as follows:-

Date of Disbursal	Loan Agreement No.	Vehicle No.	No. of Monthly Installments	Date of completion	Loan Amount
27.7.2007	04653400007092	HR 38N7066	47	25.7.2011	Rs.949.00/-
6.8.2007	0465340000754	For Body	35	5.7.20002	Rs.150.00/-
31.1.2008	HCOMDEL100012614	Commercial Vehicle	47	1.2.2012	Rs.958.000/-
12.2.2008	HCOMDEL100012969	For body of vehicle	35	14.1.2011	Rs.150.00/-

 

The installments were paid initially through PDCs (post dated cheques) and later through home visits against receipts which are duly annexed with pleadings.  After the payment on last installment, the complainant was alarmed to find that some outstanding was due against him.  The statement of account is annexed which shows outstanding as follow:-

Loan Agreement No.	Out Standing Amount
04653400007092	Rs.39.456.19
04653400007542	Rs.10,035.18
HCOMDEL00012614	Rs.73.760.00
HCOMDEL00012969	Rs.14,732.00
Total Out Standing	Rs.137983.37

 

OP in its reply has admitted the loan and has annexed the loan agreement.  OP has also contended that all dues are related to late payment penalty charges and banking charges and has annexed the statement of account.

We have given due consideration to submissions and material on record.  The loan and payments of all EMIs are admitted position by both the parties.  The only issue under consideration is late payment penalty and banking charges.  Perusal of statement of account reveals that due to late deposit of PDCs over due charges were imposed.  If the internal department of OP was not diligent in depositing the cheque, it cannot attribute its negligence to complainant by penalizing him with overdue charges. Similarly,  if  OP sends a collection agent regularly after due date, the complaint will be having  justifiable and bonafide belief that payment is being made in time.

OP has not placed on iota of evidence that the receiving agent was sent before due date and was refused by the borrower.   Moreover, OP never intimated the complainant regarding the overdue charges on supposedly late payment and cheque bouncing charges though it was regularly sending its officer to collect EMIs.

The complainant cannot be penalized for negligence, in action and passivity on the part of OP bank.

We, therefore direct OP to issue clearance/No objection certificate.  We also award Rs.50,000/- as compensation for negligence and inconvenience harassment suffered by complainant to get a simple No Objection Certificate  We also award Rs.10,000/- as litigation expenses.

The order shall be complied with within 30 days of the receipt of the copy of the order; failing which 12% interest is imposed on the awarded amount and action can be taken under Section 25 / 27 of the Consumer Protection Act.

File be consigned to record room.

Copy of the order be sent to the parties free of cost.

        Pronounced in open Court on 21.07.2015.

 

 

(C.K.CHATURVEDI)

PRESIDENT

 

 

 

(RITU GARODIA)

MEMBER