By. Smt. Bindu. R, President:

            This complaint is filed by Usman, S/o. Alavi, Karakkamala Post, Wayanad against Sabha Finance Limited, Anthikkad, Thrissur represented by its Director as Opposite Party alleging deficiency of service and unfair trade practice.

            2.  Complainant states that, the Complainant took a vehicle loan from the Opposite Party finance company as loan No.2309981603577 and he had remitted the entire amount through the agent at Sulthan Bathery Branch for which receipts are also issued to the Complainant.  Complainant states that when he demanded for Clearance Certificate the Opposite Party issued an Advocate Notice claiming Rs.11,150/- on 08.07.2022.  Another notice was also received on 22.10.2022 claiming Rs.21,547/-.  Complainant states that he had remitted the entire 30 installments and produced the receipts showing the remittance.  It is stated by the Complainant that the Opposite Party received Tax Receipt, Copy of Aadhar Card and four blank cheque leaves of Kerala Gramin bank, Kelloor Branch from the Complainant and now the Opposite Party is trying to present the blank cheque for collecting the alleged amount.  The Complainant states that the Complainant had remitted the entire 30 installments properly and without any default.  Since the Opposite Party is sending legal notices one after another, the Complainant approached this Commission praying for direction to the Opposite Party to release a Clearance Certificate and also for compensation of Rs.50,000/- towards the loss and  mental agony sustained to the Complainant and his wife due to the negligent act of the Opposite Party.

            3.  Upon notice from the Commission the Opposite Party appeared on 11.01.2023 but not filed version within the stipulated period.  On 04.04.2023, the Opposite Party filed version with petition to accept the same after condoning the delay which was dismissed by this Commission and Opposite Party was set ex-parte on 04.04.2023.  Thereafter, the Complainant filed proof affidavit and produced Ext.A1 series Receipts (28 in numbers) showing the repayment towards loan No.603577.

            4. The following points are to be considered in this case:-

1. Whether the Complainant has established his case on merit.
2. If so the amount of compensation and costs to be awarded.

5.  This Commission has made a thorough probe in to the contents of the complaint, proof affidavit and the documents produced.  The specific case of the Complainant is that according to the Complainant the 30 installments were remitted by the Complainant through the agent at Sulthan Bathery and the Complainant produced Ext.A1 series receipts.  The total remittance made in  to the Loan Account No.603577 in the name of Usman, Karakkamala, as per Ext.A1 series is Rs.71,899/-.

6. The Complainant has produced two notices received from the Advocate calling upon the Complainant to remit Rs.11,150/- with interest and other charges dated 08.02.2021 and notice dated 22.10.2022 calling upon the Complainant to remit Rs.21,547/-.  In the notice dated 22.10.2022 it is stated that the cheque bearing No.002392 dated 10.10.2022 for a sum of Rs.21,547/- drawn on the Kerala Gramin Bank, Kellur Branch, Wayanad District was dishonored due to “funds insufficient”.  This may be the cheque handed over to the Opposite Party at the time of taking the loan as stated by the Complainant in the complaint. Complainant contesting the case as party in person and had not marked these two notices.  But the facts stated in the notices shows that as per the loan agreement the loan is to be repaid in 30 installments of Rs.2,230/- each.  If that be so, the Complainant had to pay Rs.69,900/- only (30x2230) but as per Ext.A1 series he had remitted a total amount of Rs.71,899/-.  If that be so, the entire amount has been remitted by the Complainant as evidenced by Ext.A1 series and Point No.1 is proved in favour of the Complainant in this case.

7.  Since Point No.1 is proved in favour of the Complainant, the following Orders are issued.

1. The Opposite Party is directed to issue a Clearance Certificate with respect to the loan No.2309981603577 in the name of the Complainant with the Opposite Party.
2. The Opposite Party shall pay an amount of Rs.25,000/- (Rupees Twenty Five Thousand Only) to the Complainant  towards compensation for the mental agony and loss sustained to the Complainant.

Needless to say that, if the Order is not complied within one month from the date of receipt of the copy of the Order, the Opposite Party is liable to pay interest @ 8% to the amount awarded as compensation from the date of order till the date of realization.

Hence the Consumer Case is partly allowed.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and pronounced in the Open Commission on this the 26^th day of July 2023.

Date of Filing:-08.11.2022.

PRESIDENT   :Sd/-

MEMBER       :Sd/-                   

MEMBER       :Sd/-

APPENDIX.

Witness for the Complainant:-

PW1.              Usman.                                                          Agriculture.

Witness for the Opposite Parties:-

                        Nil.

Exhibits for the Complainant:

A1(Series).   Repayment Temporary Receipts (28 Nos).

Exhibits for the Opposite Parties:-

            Nil.     

PRESIDENT   :Sd/-

MEMBER       :Sd/-

MEMBER       :Sd/-

/True Copy/

Sd/-

                                                                                             ASSISTANT REGISTRAR

                                                                                                  CDRC, WAYANAD.

Kv/-