This C.C. is coming on before us for hearing; in the presence of        Sri. Chanumolu Srinivasa Rao, Advocate for complainant; and the opposite party served called absent; upon perusing the material papers on record; upon hearing; this Forum passed the following:-

O R D E R

(Per Smt.V.Vijaya Rekha, Member)

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

2.       The brief facts as mentioned in the complaint are that the complainant availed finance / loan from the opposite party to purchase a Proclainer for carrying out granite business.  The office of opposite party is situated at Khammam town.  The complainant had given post dated cheques according to the requirement of opposite party, even though, the opposite party issued demand notice on 12-11-2013 by demanding to pay Rs.2,75,572/- towards overdue charges and cheque bounce charges, after receipt of said notice, the complainant addressed a reply on 12-12-2013 by mentioning the payment details.  Thereafter, the opposite party issued a reply notice on 21-01-2014 by admitting the payment of installment amounts, however, demanded to pay other balance amounts as per clause 6 of agreement.  The complainant further submitted that prior to the demand notice dt. 12-11-2013, the opposite party neither informed nor demanded for payment of overdue amounts and cheque bouncing charges, seems that the opposite party presented the cheques for collection at belated stage.  The complainant also stated that he had paid entire dues as per agreement, therefore, the question of payment of dues at Rs.2,75,572/- does not arise.  Further the complainant also alleges that the opposite party failed to present the post dated cheques in time for clearance and insisted the complainant for payment of overdue charges etc., by taking advantage under agreement for wrongful gain, amounts to deficiency of service, due to which, the complainant suffered a lot and constrained to file the present complaint by praying to direct the opposite parties to issue clearance certificate in respect of agreement bearing No.HL0005616, dt. 27-03-2006 by cancelling the agreement and Rs.50,000/- towards damages for causing mental agony and sufferance and costs.   

3.       In support of her case, the complainant filed affidavit and also filed the following documents, those were marked as Exhibits A1 to A4.

Ex.A1:- Photocopy of demand notice, dt. 12-11-2013, issued by

              opposite party.

Ex.A2:- Office copy of legal notice, dt. 12-12-2013 with postal

              receipts.

Ex.A3:- Reply notice, dt. 21-01-2014.

Ex.A4:- Bank Account Sheet (7 pages), issued by Karnataka Bank

              Ltd., Khammam.

4.       Despite service, the opposite party neither appeared nor filed its written version.

5.       In view of the above circumstances, now the point that arose for consideration is,

Whether the complainant is entitled to the relief

                              as prayed for?

Point:-        

          According to the contents of the complaint and after having perused the material on record, we have observed that both the parties entered into an agreement during the year 2006, according to which, the opposite party sanctioned the loan in favour of complainant, thereafter, the complainant had paid all the installments by way of issuance of post dated cheques, evidenced under Exhibit A2 to A4.  Exhibit A4 is the Account Sheet, issued by Karnataka Bank, Khammam Branch, speaks that the opposite party withdraw the amounts from the account of complainant since 24-05-2006 till 29-07-2010 and as per Exhibit A3 the opposite party admitted the payment of all installments.  According to legal notice, marked under Exhibit A2, the contract was concluded in the year 2010 during the month of February.   Though, the opposite party issued demand notice dt.12-11-2013 i.e. after 3 ½ years from the completion of agreement.  Moreover, the opposite party issued demand notice for payment of overdue charges and cheque bouncing charges at belated stage without mentioning any relevant proof and without giving any prior notice during the period of agreement or immediately after completion of agreement  is not acceptable. In view of the above circumstances, the point is answered accordingly against the opposite party by holding that the opposite party is directed to issue clearance certificate without any delay.   

6.       In the result, the complaint is allowed in part, directing the opposite party to issue clearance certificate to the complainant under agreement bearing No. HL0005616 immediately after receipt this order.  Further directed to pay Rs.2,000/- towards costs. 

           Typed to dictation, corrected and pronounced by us in the open forum, on this the 30^th day of April, 2015.

                                                                 Member               FAC President                       

                                                              District Consumer Forum, Khammam

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Complainant                                                       For Opposite party   

       -None-                                                                           -None-

DOCUMENTS MARKED

For Complainant                                                       For Opposite party   

Member                FAC President

     District Consumer Forum, Khammam