FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
This is an application u/s.12 of the C.P. Act, 1986.
The facts of the case are that the complainant has availed a Credit Card bearing No. 4377486997246853 of OP-1 since 2016 and regularly paid bill amount. Complainant paid Rs. 37,800/- as full and final settlement of the outstanding bills. Despite payment of outstanding bill, the OPs 1 & 2 did not issue “no dues certificate”. On the contrary, the OPs issued demand notice which is illegal. The acts of the OPs are vexatious, illegal, malafide and ulterior motive. Hence, the complainant filed the instant consumer complaint claiming issue “no dues certificate” against credit card bearing No. 43774486997246853
OPs appeared but no WV is filed on their behalf. Accordingly, vide order dated 04.01.2021 the case has proceeded exparte against them and their right to file WV is forfeited. They even did not choose to file any application to set aside the ex-parte order dated 04.01.02021.
Complainant Sri Niraj Begwani has filed his evidence by way of affidavit supporting the allegations made in the complaint.
Ld. Advocate for the complainant has taken us through consumer complaint as also evidence adduced in support of the complaint. On perusal of the computer generated money receipts, it appears that the complainant has already liquidated the settlement amount to the OP SBI Cards and Payment Service Pvt. Ltd. Complainant has categorically alleged in the complaint that despite liquidation of settlement amount the OPs did not issue NOC and further claim including interest there on. As the OPs have obtained not to file WV despite service of notice of complaint, the above allegations of the complainant is deemed to have been admitted as correct. In order to said allegation complainant has filed his affidavit reaffirming the allegations. Thus, it stands proof that despite of payment of settlement of Rs. 37,800/-, the OPs have failed to issue NOC to the complainant. In absence of any explanation for failure to issue NOC, we have no hesitation in concluding that the OPs have committed deficiency in service as also have indulged in unfair trade practice.
In view of the above discussion, the complaint is allowed with following directions:-
- The OPs are directed to issue “no dues certificate” in connection with Credit Card bearing No. 4377486997246853 to the complainant with 45 days from today along with compensation of Rs. 10,000/-.
- The OPs are directed to pay a sum of Rs. 5,000/- as cost of litigation to the complainant within the stipulated period.
With the above observation, the consumer case is disposed of.
Order No. 11 / Dated 22/03/2021.
Record is put up on the prayer of the OP.
OP filed an application supported by an affidavit praying for acceptance of W/V on the ground stated therein. W/V is also filed. Let the application for acceptance of W/V be registered as MA No. 256 of 2021.
On perusal of the record, it appears that the instant case has already been disposed of on 15.03.2021. Therefore, the application for acceptance of W/V is not tenable and rejected.
Thus, MA being No. 256 of 2021 is disposed of.
