ORDER BY HON’BLE PRESIDENT- MR. P.K. PADHI:
JUDGMENT
Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;
“Direct the opposite party No.1 & 2 to issue NOC and other documents of complainant’s motorcycle and pay Rs.50,000/- towards mental agony and harassment and Rs.5,000/- towards litigation fees”.
The brief fact of the complainant is that, the complainant purchased a Pulsar 220 DTS-I New C & GBSIV Motorcycle bearing Regd. No.OD-21-J-5965 from the opposite party No.1 financed by opposite party No.2 of Rs.74,000/-. As per agreement 24 EMIs was fixed @ Rs.3,567/- per EMI. Complainant paid EMI regularly within the time. Some installments could not be paid due to severe corona pandemic situation and also due to closure of opposite party No.1 farm, the said EMIs paid thereafter when the situation was normal and the firm of opposite party No.1 was opened. The opposite party No.2 sent a message in the month of August, 2021 about the last EMI of Rs.2,561/- so also the opposite party No.1 advised the complainant to deposit Rs.2,561/- towards the last EMI after verifying the ledger and other documents kept by him. So the complainant deposited his last EMI on 06.8.2021 and demand to the opposite party No.1 about the NOC. The opposite party No.1 suggested to the complainant that after corona crisis is over he will give the NOC and other documents. On 01.11.2021 the complainant received a lawyer notice from the opposite party No.2 in which the opposite party No.2 demanded EMI Rs.3,567/- and other dues of Rs.3,248/- in total Rs.6,815/- and threatened for legal consequence. On dt.08.4.2021 the complainant sent another pleader’s notice to the opposite parties regarding payment of loan dues. The opposite parties did not take any step towards issuance of the NOC but the opposite parties sent different mobile messages for repayment of excess money and threatened to face legal consequence which amounts to unfair trade practice and deficiency in service on the part of the opposite parties.
Notice issued to opposite parties on 02.6.2022 opposite party No.2 has filed written version stating as under;
As per request of the complainant opposite party No.2 agreed to extend financial facility to the tune of Rs.90,360/- (which includes financial charges of Rs.16,360/-) and agreeing to the entire loan scheme, terms and conditions and as per mutual understanding the complainant has signed and executed a loan agreement. As per agreement, monthly installment was Rs.3,765/- for 24 months, starting from 05.5.2019 to 05.8.2021. Due to Covid-19 as per Reserve Bank of India came up with two master circulars dtd.27.3.2020 and 23.5.2020 which permitted the lending institutions to grant a moratorium on payment of all installments of loan falling due between 01.3.2020 to 31.5.2020 which was further extended till 31.8.2020. The opposite party No.2 in good faith granted suo-moto moratorium to the complainant loan account for the respective month loan EMI’s which was defaulted i.e. April, 2020, June 2020 & August, 2020, loan installment, as a result of which the loan account EMIs for the said months have been rescheduled and the existing tenure of 24 months of the loan has been increased to 28 months. As per the records as on 26.7.2022 the complainant has remitted the partial amount of Rs.89,156/- and is in due of Rs.3,567/- EMI arrear (including moratorium interest) and Rs.4,100/- towards other due charges (accumulated due to non remittance the EMI on its due date).
The complainant is a poor person taken loan of Rs.74,000/- which was to be repaid in 24 EMIs @ Rs.3,765/- amounting Rs.87,261/- Complainant has already paid Rs.1,00,649/- as stated by the complainant and still then opposite parties demanded Rs.4,100/- as LPP and Rs.2,350/- and in telephonic message Rs.7,453/-.
Admitted fact of the case is that complainant has taken loan of Rs.74,000/- and on the date of taking loan paid the first installment thus the total loan amount comes to Rs.70,945/- and the complainant has already paid Rs.1,00,649/- instead of Rs.87,261/- which was to be paid.
Considering the facts and circumstances of the case since the opposite parties are not clear and certain about the amount and when the complainant has already paid about Rs.30,000/- as interest in 2½ years for Rs.70,945/- opposite parties have harassed the complainant in many ways, we settle the dispute by imposing the cost and compensation that whatever dues the opposite parties are claiming from the complainant is imposed upon the opposite parties as cost and compensation of litigation and we further direct to the opposite parties to adjust the loan accordingly and issue NOC in favour of complainant within 45 days from the date of receipt of the order. As such it is made clear that both parties shall not claim anything from each other and settle the dispute by issuing NOC. With the aforesaid observation and direction the consumer complaint is disposed of.
Pronounced in the open Commission on this 15th Dec.,2022
