Presented by Sri G.S.Pradhan, President .<br /> Brief fact of the case is that, the Complainant entered into a hire purchase agreement with the Sri Ram Transport Finance company ltd., the Opposite Party No.1(one), and under the said hire purchase agreement the Complainant purchased one Truck bearing No. OR-06-E-3817 on Dt. 20/05/2006 for his livelihood. The Complainant was regularly paying the monthly due as per the agreement. Due to some unforeseen circumstance the Complainant could not continue with the plying of the Truck and it was agreed between the Parties that, the vehicle will be surrendered by the Complainant. As per the settlement between the Parties, the Opposite Parties issued a letter on Dt.29/11/2006 to the Complainant to execute the required paper/documents in favour of a new hirer with in 15(fifteen) days. As such the Complainant executed the required documents on Dt.03/12/2006 and haded over the truck to the said new hirer. Since than the Complainant has no possession or claim what-so-ever over the said vehicle. Thereafter the Complainant approached the Opposite Parties time and again to issue a no due certificate in his favour and to returned the blank signed cheque which the Opposite Parties had retained from the Complainant, but did not pay any heed. Claiming an arrear against the Complainant, the Opposite Parties served a notice on Dt. 23/05/2007 causing mental shock and agony to the Complainant and when ever the Complainant approached for a no due certificate and to return of signed blank cheque, the Opposite Parties threatenss the Complainant to pay the alleged arrear, claimed as per their notice Dt. 23/05/2007.<br /> <br /> The aforesaid acts and ommission of the Opposite Parties amounts to unfair trade practice and deficiency in service by the Opposite Parties. Thus he filed the case with a prayer to direct the Opposite Parties to issue a no due certificate in respect of the vehicle in question and to return his signed blank cheques which the Opposite Parties had retained at the time of entering in to hire purchase agreement and further direct the Opposite Parties to pay Rs.1,00,000/-(Rupees one lakh)only for mental shock, agony and harassment beside litigation expenses.<br /> <br /> To prove his case the Complainant relied on the xerox copy of notice Dt. 23/05/2007 in reference to agreement No. R.P.R. 71860 Dt.31/05/2006, xerox copy of sanction letter on Shriram Transport Finance co. ltd on the name of Mr. Ramesh Chandra Agrawal on Dt.29/11/2006 and xerox copies of two Affidavit one is sushil Dash to another is Ramesh Chandra Agrawal.<br /> <br /> Being noticed, the Opposite Parties did not preferred to attained the Forum to contest the case, though notice was sufficiently served on them. As such the Opposite Parties were set ex-parte and the case was heard ex-parte.<br /> <br /> Perused the Complaint petition and the copies of documents filed and found as follows:-<br /> <br /> The Complainant alleged that, under a hire purchase agreement with the Opposite Party No.1(one), the Complainant had purchased one Truck bearing Regd. No. OR-06-E-3817 for his livelihood, from the Opposite Parties and was paying the installment due as per the agreement regularly to the Opposite Parties. For some unforeseen circumstances the Complainant could not ply the Truck further and wanted to surrender the vehicle to the Opposite Parties. As per the settlement between the Parties, the Complainant surrendered the said vehicle and the Opposite Parties took possession of the vehicle from the Complainant. Since than the Complainant and the Opposite Parties had no dealing and transaction in relation to the aforesaid vehicle and the agreement between them stood terminated.<br /> <br /> Thereafter, the notice Dt.23/05/2007 issued by the Opposite Parties claiming an arrear against the Complainant and non issuance of a no due certificate in respect of the vehicle in his favour and non-return of signed blank cheque, which the Opposite Parties had retained from the Complainant is illegal and against the principle of natural justice. Thus we believe the version of the complaint and hold that, the acts of Opposite Parties towards the Complainant is unfair trade practice which amounts to deficiency in service towards the complaint.<br /> <br /> The Complainant has claimed a sum of Rs.1,00,000/-(Rupees one lakh)only towards the compensation for mental shock agony and harassment beside other claims which is an exaggerated claim. We are not agree with the Complainant and are of the opinion that a consolidated amount will be served the purpose of the complaint.<br /> <br /> Keeping in view of the above discussion, the Complaint is allowed and orders as follows:-<br /> The Opposite Parties are jointly and severally directed to issue a no due certificate in favour of the Complainant in respect of the Truck in question bearing No. OR-06-E-3817 and not to use the Cheques and returned the signed blank Cheque,to the Complainant which they had retained at the time of entering in to hire purchase agreement.<br /> <br /> The Opposite Parties are further directed to pay a consolidated amount of Rs. 3,000/-(Rupees Three thousand)only compensation, towards mental agony, harassment and cost of the case to the Complainant.<br /> <br /> The above order will be carry out by the Opposite Parties with in 30(thirty)days from the date of this order, failing which the Opposite Parties are liable to pay interest 12%(twelve percent) per annum on the above amount till payment.<br /> <br /> Complaint allowed. <br />