DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

Civil Station, Palakkad – 678 001, Kerala

Dated this the 15^th day of May, 2009

Present: Smt.Seena.H, President

Smt.Preetha.G.Nair, Member

Smt.Bhanumathi.A.K, Member

C.C.No.79/2008

Sanjay,

S/o.Radhakrishnan,

3/368, Machingal House (Prasadam),

Sreekrishnapuram.P.O,

Palakkad.

(By Adv.K.R.Kochunarayanan) - Complainant

Vs

M/s.Tata Motors Ltd.

6/1167, 3^rd Floor, Arafa Complex,

Cherutty Road,

Calicut 673 032. - Opposite party

O R D E R

By Bhanumathi.A.K, Member

In brief the complaint is as follows:

The complainant availed a vehicle loan of Rs.532000/- for purchase of a Tata Sumo Reg No.KL 9 N4253. Immediately after availing the loan, opposite party issued a 45 installments payment chart to the complainant. Complainant had remitted the entire loan amount specified in loan agreement and as stated in the payment chart. After the due payment of the full loan amount the complainant approached the opposite party demanding loan closure certificate and No Objection Certificate. The opposite party has given totally irresponsible false replies. At long last the opposite party stated that there is some balance outstanding from the complainant i.e installment of 24/11/2006. The allegation is not true because there is no outstanding liability pending with the opposite party as on 24/11/2006 as alleged. Complainant through DD No.582550 of Canara Bank Branch, Sreekrishnapuram has already remitted the installment of 24/12/06 and that amount was duly collected by the opposite party. Complainant issued lawyer notice against the opposite party on 18/3/08 for which opposite party has not replied. So the complainant

filed this complaint seeking an order directing the opposite party to pay an amount of Rs.60,000/- as compensation for mental agony and financial stress suffered by the complainant and hand over the No Objection Certificate to the complainant.

2. Opposite party has not appeared before the forum though notice was served. Hence set exparte.

3. Complainant filed affidavit and marked documents as Exts.A1 to A5.

4. Matter was heard.

5. Points to be considered are

1. Whether there is any deficiency of service on the part of opposite party?

2. If so, what is the relief and cost?

6. Points 1 & 2: We perused the relevant documents on record. The grievance of the complainant is that even though he paid all the installments correctly he did not get back the No Objection Certificate and other documents from the opposite party. In support of his claim, the complainant produced payment receipts and photocopies of Demand Draft and is marked Ext.A3 series. From the evidence on record, it can be seen that the complainant has paid the entire loan amount. Opposite party has claimed an amount of Rs.45,801/- as due to the opposite party by Ext.A1 letter. But the opposite party has not appeared before the forum to prove the same. Complainant has stated in affidavit that the whole loan amount was repaid and there is nothing outstanding. There is no counter evidence to that one tendered by the complainant. The act of the opposite party in not issuing the No Objection Certificate even after payment of the whole amount amounts to deficiency of service.

7. In the result complaint allowed. Opposite party is directed to handover No Objection Certificate to the complainant along with Rs.5,000/- (Rupees Five thousand only)as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings within one month from the date of communication of the order failing which the whole amount shall carry 9% interest from the date of order till realisation.

8. Pronounced in the open court on this the 15^th day of May, 2009

Sd/-

Seena.H,

President

Sd/-

Preetha.G.Nair,

Member

Sd/-

Bhanumathi.A.K,

Member

Appendix

Witness examined on the side of complainant

Nil

Witness examined on the side of opposite party

Nil

Exhibits marked on the side of complainant

Ext.A1 – Letter dt.02/05/08 sent by opposite party to complainant

Ext.A2 – Letter dt.11/03/04 sent by opposite party to complainant

Ext.A3 (Series) – Receipt information, repayment schedule etc (2 Nos)

Ext.A4 – Letter dt.02/03/08 sent by opposite party to complainant

Ext.A5 – Copy of lawyer notice dt.18/03/2008

Exhibits marked on the side of opposite party

Nil

Costs (Allowed)

Rs.1,000/- (Rupees One thousand only) allowed as cost of proceedings