FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

            Case of the complainant is that he is a driver by profession and purchased a vehicle bearing registration No. WB-15A-8169 against loan from the OP. Loan Agreement being No. H00GH0602240011 was executed between the parties. Complainant earns his lively hood by driving the said vehicle. Complainant failed to clear few EMIs and ultimately, loan amount has been settled to Rs. 2,50,000/-. Complainant paid the settled amount. Despite payment of settled amount the OP did not issue No Objection Certificate. Complainant alleged deficiency in service and unfair trade practice on the part of the OP and prays that the OP be directed to issue No Objection Certificate and No Dues Certificate, Compensation of Rs. 10,000/- and further claim litigation expenses.

Upon service of notice the OP appeared but failed to file written version within the stipulated period. As such, the case runs ex parte against the OP.

In support of his case, the complainant Manab Ghosh tendered evidence supported by an affidavit along with documents. Complainant has also filed BNA. We have heard the Ld. Advocate for the complainant and have also carefully gone through the record of the case.

The main grievance of the complainant is that despite clear of loan amount of Rs. 2,50,000/-the OP did not issue “No Objection Certificate”  and “No Dues Certificate”.

Fact remains that complainant availed loan from OP Shriram Commercial Vehicle Finance for purchasing Vehicle bearing No.   WB-15A-8169 against Agreement No. H00GH0602240011 dated 26.02.2016. Complainant himself admitted that on account of financial crisis, he failed to pay some EMIs. It is not disputed that Rs. 2,57,522/- was due as on  31.03.2019 and vide letter dated 31.03.2019 the OP settled the dues with Rs. 2,50,000/- on condition to deposit such amount within 01.04.2019 otherwise the approval of  the  Zonal Committee will be invalid. Photocopies of Mini Statement clearly shows  that the complainant cleared the settled amount of Rs. 2,50,000/- on different dates and last payment was made on  21.05.2019 beyond the deadline. On account of Covid-19 the Hon’ble Supreme Court waived interest on loan availed of the borrowers and the RBI issued guidelines to that effect. There is delay of  50 days to clear the loan amount. OP replied the legal notice of the complainant and also requested him to visit the Branch at the earliest. OP failed and neglected to issue NOC and NDC against loan account. Thus, there is  deficient in service and unfair trade practice on the part of the OP.

For the reasons stated here above, the consumer case is disposed of with the following directions:-

(i) OP is directed to issue No Objection Certificate and No Dues Certificate to the complainant on or before 11.05.2022.

            (ii) Complainant is not entitled to get any compensation  as prayed for on account of  delay of issuing No Objection Certificate and No Dues Certificate.

            (iii) No cost is imposed to any of the parties.

Thus, the consumer case is disposed of ex parte.