Tamil Nadu

North Chennai

CC/368/2018

Pon Govinarajan - Complainant(s)

Versus

M/s.Bajaj Auto finance ltd - Opp.Party(s)

J.Ranjani Devi

03 Dec 2021

ORDER

 

                                                                     Complaint presented on : 19.01.2011

                                                                Date of disposal            : 30.12.2021

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (NORTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 600 003.

 

                PRESENT: THIRU. J. JUSTIN DAVID, M.A., M.L.              : PRESIDENT

                        THIRU. S. BALASUBRAMANIAN, M.A., M.L.          : MEMBER

 

C.C. No.368/2018

 

DATED THIS THURSDAY THE 30^th DAY OF DECEMBER 2021

                                

Mr.Pon Govindarajan,

S/o.V.Ponnusamy,

No.11, Kaveri Street,

“Manorenjitham” Flats,

Saligramam,

Chennai – 93.

                                                                                               …..Complainant

 ..Vs..

The Manager,

M/s.Bajaj Auto Finance Ltd.,

Ambi Mahall 2^nd Floor,

Abiramapuram,

62/29, 3^rd Street,

Off:C.P.Ramasamy Road,

Chennai – 600 018.

.....Opposite Party

Counsel for Complainant                   : M/s.R.Dhanalakshmi

 

Counsel for  opposite party                  : Mr.S.Parthasarathy

 

 

 

 

ORDER

 

 

THIRU. J. JUSTIN DAVID, PRESIDENT

          This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to issue the No Objection Certificate and RC Book and to pay a sum of Rs.90,000/- towards compensation for mental agony and to pay a sum of Rs.10,000/- towards cost of this proceedings. 

This complaint was originally filed before the District Commission, Chennai (South) and taken on file in C.C. No. 88/2012.  Thereafter, the said complaint has been transferred to this Commission as per the proceedings of the Hon’ble  S.C.D.R.C. and taken on file as C.C. No.368/2018.

1.THE COMPLAINT IN BRIEF:

          The opposite party advertised that they are lending loan facilities for two-wheelers and four wheelers. The complainant availed two-wheeler vehicle loan on 04.03.2005. The opposite party sanctioned a sum of Rs.49,032/- as the loan amount including interest and the same was agreed to be repaid in 35 monthly equated installments. The loan amount is Rs.37,261/- and the financial charges was Rs.11,771/- and the processing charges Rs.200/- was paid separately. For the said amount the opposite party agreed for ECS i.e Electronic Clearing System for a sum of Rs.1,362/- towards each installment. The complainant used to pay the dues regularly and the installment period was got over, but the opposite party failed to issue to issue No Objection Certificate to him. The loan period was completed in the month of February 2008 and he requested the opposite party to issue No Objection Certificate and RC book for the said vehicle but they declined to issue “No Objection Certificate” for the reasons best known to them.  The complainant made several written requests to the opposite party periodically. Finally, he issued a legal notice dated 24.02.2009 through his counsel to handover the said papers even then no reply was received by him. The opposite party failed to take immediate action. All his sincere efforts were ended in vain. The complainant’s representation was kept in a cold storage by the opposite party. The opposite party neither replied nor issued the No Objection Certificate and RC book. The above act is nothing but negligent and deficiency in service. The opposite party arbitrarily and negligently failed to verify the accounts and also in issuing the No Objection Certificate and RC book. Further, till date in the Insurance Policy it is stated that the vehicle is under hypothecation with the opposite party and now also he could not sell the vehicle, since there was an endorsement of hypothecation in the Registration Certificate of the vehicle and the originals was not with him. The above act made the complainant to suffer severe mental agony and torture. Hence this complaint.

2.WRITTENVERSION FILED BY THE OPPOSITE PARTY IN BRIEF:

          This opposite party is a Non-Banking Finance Company registered as Bajaj Finance Limited under the provisions of Indian Companies Act. 1956 and operates its business under the strict supervision of Reserve Bank of India. The complainant approached the opposite party and requested for extending financial facility for purchase of a two wheeler (Bajaj CT100 DLX)  and considering the said request the opposite party agreed to extend financial facility to the tune of Rs.49,032/- (including financial charges of Rs.11,771/- for 36 months). Later as per mutual understanding on 04.03.2005 a Loan Agreement No.403084545 was executed. The monthly installment to be paid as per loan agreement per month is Rs.1,362/-. The contract period is for 36 months. The opposite party further states that, at the time of execution of the Loan Agreement the complainant has gone through & understood all the terms & conditions of the Loan Agreement and then only the complainant has signed and executed the Loan Agreement. The subject vehicle is hypothecated and secured with opposite party till the complainant clears the entire loan amount. The original Registration Certificate will be remain in the safe custody of the opposite party till the complainant has remitted entire loan amount against said loan account which is an admitted fact by the complainant. Hence there is no any deficiency of service from the part of the opposite party hence this complaint deserves to be dismissed against opposite party on this ground itself. As per the agreed terms and conditions of loan agreement unless and until the complainant remits the entire loan amount against the said loan account the question of issuance of No Objection Certificate does not arises at all, as this complainant is in dues hence No Objection Certificate was not issued to the complainant. The complainant has no any cause of action for filing this complaint as there was no any deficiency of service or unfair trade practice from the part of the opposite party at any point of time.   

3. POINTS FOR CONSIDERATION:

1. Whether there is deficiency in service on the part of opposite party?
2. Whether the opposite party liable to issue No Objection Certificate and RC Book of the vehicle Bearing Registration No.TN10K5393 to the complainant?

 

3. Whether the complainant is entitled for compensation and cost?
4. To what other relief, the complainant is entitled?

4.POINT NO. 1 TO 3

          The complainant has availed two wheeler loan from the opposite party on 04.03.2005 and agreed to repay the total loan amount of Rs.49,032/- in 35 monthly installment at the rate of Rs.1,362/- per month. Ex.B2 is the copy of agreement. The opposite party filed Ex.B2 copy of agreement and the same contains only the terms and conditions governing the agreement. The opposite party has not filed the entire agreement copy. On the other hand the complainant in the complaint and in the proof affidavit admitted that the total loan amount of Rs.49,032/- is repayable in 35 monthly installment at the rate of Rs.1,362/- per month.  The opposite party also admitted the same.

          05. The case of the complainant is that he repaid the entire loan amount by way of ECS and completed monthly installment in February  2008 and requested the opposite party to issue No Objection Certificate and to issue RC Book. The complainant further alleged the opposite party in spite of repeated remainders failed to issue No Objection Certificate and RC Book of the vehicle and thereby committed deficiency in service.

          06. The opposite party contended the complainant as per the loan agreement,  he has  to pay the entire amount with interest and as on 07.04.2016 and arrears of Rs.6,916/- is payable and therefore the question of issuance No Objection Certificate  does not arise and there is no deficiency in service and unfair trade practice on the part of the opposite party.

          07. In this complaint, this commission has to find out whether the complainant paid the entire loan amount as per the terms and conditions mentioned in the loan agreement. The opposite party filed Ex.B3 copy of the statement of account from 07.04.2000 to  07.04.2016 . According to both the parties total loan mount is Rs49,032/- and repayable at the rate of Rs.1,362/- per month  for 35 months. As per Ex.B3 the complainant paid the entire 36 installments on 10.03.2008. The complainant also admitted that he paid amount entire loan amount and completed payments in the month of February 2008. Therefore the complainant paid entire loan amount before March 2008. Hence it is the duty of the opposite party to issue No Objection Certificate and RC book to the complainant. But the opposite party failed to issue the same to the complainant and stating there are arrears of Rs.6,916 towards overdue charges. If really there are overdue charges, then the opposite party might have informed the same to the complainant in the year 2008 itself. On the other hand the opposite party at the first time in the year 2016 filed the written version and copy of statement account stating the complainant has to pay Rs.6,916/- and same cannot be accepted. The opposite party has not issued any letter demanding the overdue charges from 2008 till 2015 to the complainant. If really there are arrears or overdue charges then the opposite party ought to have demanded the same in the year 2008 itself.

 08. The complainant through oral and documents evidence prove that he paid the entire loan amount before March 2008. The opposite party is liable to pay issue No Objection Certificate and RC book when entire loan amount is paid. But, the opposite party failed to issue the No Objection Certificate and RC book to the complainant and same amount to deficiency in service. The above attitude of the opposite party caused mental agony to the complainant. Hence there is deficiency in service on the part of the opposite party, the opposite party liable to issue  No Objection Certificate and RC Book to the complainant and complainant is entitled for compensation of  Rs.15,000/- and cost of  Rs.5,000/-.

09.POINT NO.4

          In the result this complaint is allowed in part. The opposite party is ordered to issue No Objection Certificate and RC Book  of the Vehicle Bearing Registration No.TN10K5393 to the complainant within two months from the date of receipt of this order. The opposite party further directed to pay a sum of Rs.15,000/-(Rupees fifteen thousand only) towards compensation for mental agony besides a sum of Rs.5,000/-(Rupees five thousand only) towards cost of this proceedings to the complainant.  

           The above amount shall be paid to the complainant within 2 months from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest from the date of this order to till the date of payment.

Dictated  by the President to the Assistant taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Commission on this the 30^th day of December 2021.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS MARKED ON THE SIDE OF COMPLAINANT:

Ex.A1 dated 14.03.2007          Copy of the payment receipt issued by the opposite party

 

Ex.A2 dated 11.04.2007          Copy of the payment receipt issued by the opposite party

 

Ex.A3 dated 12.06.2007          Copy of the payment receipt issued by the opposite party

 

Ex.A4 dated 14.08.2007          -do-

 

Ex.A5 dated NIL                     Copy of the Insurance Policy

 

Ex.A6 dated 10.03.2008          Copy of the letter sent by the complainant

 

Ex.A7 dated 15.10.2008          -do-

 

Ex.A8 dated 06.01.2009          -do-

 

Ex.A9 dated 24.02.2009          Copy of the legal notice issued by the complainant counsel

 

LIST OF DOCUMENTS MARKED  ON THE SIDE OF OPPOSITE PARTY:

 

Ex.B1 dated 26.06.2013          Statement Annexure :A

 

Ex.B2 dated NIL                      Loan Agreement annexure :B

 

Ex.B3 dated NIL                      Account Statement From 07.04.2000 to 07.04.2016

 

MEMBER – I                                                               PRESIDENT