DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BATHINDA

C.C.No. 231 of 17-08-2023

Decided on : 20-03-2024

Gurpreet Singh S/o Kulwant Singh R/o #0 Near Gurudwara Sahib, Village Jeond, Tehsil and District Bathinda.

........Complainant

Versus

1. Shri Ram City Union Finance Pvt. Ltd., 14A, Sri Towers, South Phase, Industrial Estate, Guindy, Chennai-600032, Tamil Nadu, through its M.D/Authorized Signatory.

    

2. Shri Ram Transport Finance co. Ltd, Bibiwala Road Near Dr.Bakshshi Hospital Opposite Bathinda Tent House, Bathinda, through its Branch Manager.

.......Opposite parties

Complaint under Section 35 of the Consumer Protection Act, 2019

QUORUM

Smt.Priti Malhotra, President

Smt.Sharda Attri, Member

Present :

For the complainant : Sh.H.P.S Chauhan, Advocate.

Opposite parties : Ex-parte.

ORDER

Priti Malhotra, President

1. The complainant Gurpreet Singh (here-in-after referred to as complainant) has filed this complaint U/s 35 of Consumer Protection Act, 2019 (here-in after referred to as 'Act') before this Commission against Shri Ram City Union Finance Pvt. Ltd. and another (here-in-after referred to as opposite parties).

2. Briefly stated, the case of the complainant is that he purchased one bajaj motorcycle bearing registration No.PB-03AU3178 model 2017 for his personal use with the financial assistance of opposite parties vide agreement No.BARSAPL1909060001 in the year of 2019 for a sum of Rs.50,000/- against the motorcycle. The motorcycle was hypothecated with opposite parties. As per the terms of the loan agreement the complainant had agreed to repay the amount of loan of Rs.50,000/- alongwith interest, totaling Rs.88,182/- to opposite parties in 34 installments. The complainant has been regularly paying the installments to opposite parties time to time and he has already cleared the entire loan amount in full and final against the last installment dated 7.7.2022 for Rs.2362/- and has already paid a sum of Rs.88,262/- to opposite parties and nothing remained due outstanding against him.

3. It is alleged that the complainant repeatedly requested opposite parties to issue the requisite 'No Due Certificate' in favour of the complainant regarding the loan account after getting deposit the reasonable due charges, if any, against the complainant, but opposite parties are adamant about getting deposit the penalty amount of Rs.11,349/- as overdue interest and Rs.7000/- as cheque bouncing charges from the complainant that is illegal and forcible amount. So that the complainant may be able to get the hypothecation of opposite parties cancelled from the original registration certificate of the vehicle, but opposite parties have been putting off the matter on one or the other false pretext and they did not issue 'No Due Certificate' in favour of the complainant till date.

4. It is further alleged that opposite parties did not issue 'No Due Certificate' and return the blank signed cheque taken as security and other documents, rather they have threatened the complainant that they will file false complaints U/s 138 of N.I. Act as well as other uncalled litigation in order to harass and humiliate the complainant physically and mentally and also causing financial loss and used pressure tactics for recovering the illegal amount as penalty charges, although he is not liable to pay any penalty amount against the loan account.

5. It is further alleged that due to non-issuance of 'No Due Certificate' and non-return of documents/security cheque, the complainant is suffering from mental agony, harassment and pains for which he is entitled for compensation of Rs.50,000/- and costs of Rs.20,000/-.

   On this backdrop of facts, the complainant has prayed for directions to opposite parties to issue 'No Due Certificate' and return the blank signed security cheque.

6. Upon notice, none appeared on behalf of opposite parties. As such, ex-parte proceedings were taken against it

7. In support of his complaint, the complainant has tendered into evidence his affidavit dated 13.7.2023 (Ex.C4) and documents, (Ex.C1 to Ex.C3).

8. We have heard learned counsel for the complainant and gone through the file carefully.

9. Learned counsel for complainant has reiterated his stand as taken in the complaint as detailed above.

10. We have given careful consideration to these submissions.

11. As per complainant, he purchased one bajaj motorcycle bearing registration No.PB-03AU3178 model 2017 for his personal use with the financial assistance of opposite parties for a sum of Rs.50,000/- against the motorcycle. The motorcycle was hypothecated with opposite parties. As per the terms of the loan agreement, the complainant had agreed to repay the amount of loan of Rs.50,000/- alongwith interest amounting to Rs.88,182/- to opposite parties in 34 installments. The complainant has paid all the loan amount with interest i.e. Rs.88,182/- to opposite parties. To prove this fact, the complainant has placed on record account statement, (Ex.C3). Despite this, opposite parties are not issuing 'No Due Certificate' to the complainant.

12. Opposite parties have not come forward to contest the complaint of the complainant. Therefore, evidence of the complainant attached with sworn affidavit goes unrebutted and unchallanged. Therefore, there is no reason to disbelieve the version of the complainant.

13. In view of what has been discussed above, this complaint is partly accepted without any order as to cost against opposite parties. Opposite parties are directed to issue 'No Due Certificate' and return the blank signed security cheques to the complainant.

14. The compliance of this order be made within 45 days from the date of receipt of copy of this order.

15. The complaint could not be decided within the statutory period due to heavy pendency of cases.

16. Copy of order be sent to the parties concerned free of cost and file be consigned to the record room.

    Announced

    20-03-2024

    1. (Priti Malhotra)

    President

     

     

    (Sharda Attri)

    Member