D.O.F:13/07/2022
D.O.O:30/01/2023
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KASARAGOD
CC.No.151/2022
Dated this, the 30th day of January 2023
PRESENT:
SRI.KRISHNAN.K :PRESIDENT
SRI.RADHAKRISHNAN NAIR.M : MEMBER
SMT.BEENA.K.G : MEMBER
HabeebUmmar Mohammed,
S/o Mohammed Ummar,
13-410, Maravayal House, : Complainant
Melparamba, Kalanad,
Kasaragod
And
MUTHOOT CAPITAL SERVICES LTD,
Palakkunnu Branch, Muthoot Fin Corp. : Opposite Party
Opp: Ambika School, Palakkunnu,
P.O. Bekal- 671318
ORDER
SMT.BEENA.K.G : MEMBER
The brief facts of the case of the complainant is that he availed a vehicle loan from opposite party for his vehicle KL 14 X 1176. The complainant promptly repaid the loan and a balance amount of Rs.48,730/- is also paid on 18/03/2020. Even after closing the vehicle loan the complainant approached opposite party for NOC, but opposite party was not ready to issue NOC to the complainant. Thereafter opposite party’s men went to the house of the complainant claiming balance amount. Due to the illegal act of opposite party, the complainant undergone severe mental agony. Hence, the complainant is seeking a direction against opposite party for compensation of Rs.1,00,000/- with cost.
Notice of opposite party returned as unclaimed.
The complainant filed proof affidavit in lieu of chief examination. The documents produced are marked as Ext.A1 to A3. Heard the complainant. The issues raised for consideration are :-
- Whether there is deficiency in service or unfair trade practice on the part of opposite party in claiming the balance amount
- Whether the complainant is entitled for relief
- If so, what is the relief?
For convenience issue No.1, 2 and 3 can be discussed together. The complainant had a vehicle loan from opposite party. The complainant repaid the loan amount regularly and paid the balance amount of Rs.48,730/- on 18/03/2020. Ext.A1 is the RC of the Vehicle. Ext.A2 is the Receipt for Rs.48,730/-. Ext A3 is the account statements of the complainant. According to the complainant he has paid the entire balance amount. Even after closing the vehicle loan opposite party’s men came to the house of the complainant and threatened him to pay the balance amount which caused mental agony to him. Moreover opposite party has not issued NOC to him. The complainant has proved his case with documentary evidence. The opposite party refused the notice and has not taken any steps to prove his part. The opposite party is bound to give proper explanation for demanding the balance amount of the loan amount and the reason for non-issuance of NOC is also clearly explained to him. In the absence of proper explanation from the side of the opposite partythe complainant is constrained to file this case. The act of opposite party amounts to deficiency in service and unfair trade practice in the absence of rebuttal evidence opposite party is liable to issue NOC to the complainant. The opposite party is further liable to give a compensation and cost to the complainant for his loss and mental agony.
In the result complaint is allowed directing opposite party to issue loan clearance certificate along with a compensation of Rs.5,000/- (Rupees Five Thousand only) with a cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant.
The time for compliance is 30 days from the receipt of copy of this order.
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Exhibit
A1: RC of the vehicle
A2: Receipt
A3: Statement of account
Sd/- Sd/- Sd/-
MEMBER MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
