IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> <br /> CC 282/09 DATED 06.10.2009<br /> ORDER<br /> <br /> Complainant Sri. Umashankar S/o Nanjundappa, Paduvala Marahally village, Santhemarahalli Hobli, Chamarajanagar Taluk & District.<br /> <br /> (By Sri. M.D. Chandrashekar, Advocate)<br /> <br /> Vs. <br /> Opposite Party The Manager, TATA Finance Ltd., No.4, Ramavilas Road, Mysore.<br /> <br /> (By Sri H. S. Kumar, Advcoate)<br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 05.08.2009<br /> Date of appearance of O.P. : 26.08.2009<br /> Date of order : 06.10.2009<br /> Duration of Proceeding : 1 Month 10 days<br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Under Section 12 of the Consumer Protection Act the complainant has filed the complaint seeking a direction to the opposite party to issue clearance certificate and also a sum of Rs.10,000/- compensation towards mental agony.<br /> <br /> 2. In the complaint, it is alleged that on 23.04.2005 the complainant purchased TATA 207 availing a loan from the opposite party Rs. 3,83,000/- out of which the complainant paid Rs.68,000/- the down payment. The complainant was to repay the loan in 47 installments each of Rs.8,500/-. As per the agreement, the complainant has paid all the installments. Some times the complainant paid 2 installments at a time. The opposite party has not taken into account both the installments paid at a time. The opposite party sent a letter stating that Rs.15,868/- in due. In fact the complainant has paid all the installments. The complainant requested opposite party to issue clearance certificate, so as to get the hypothecation cancelled. The opposite party has not issued the certificate. It amounts to deficiency in service. Hence, it is prayed to allow the complaint.<br /> <br /> 3. The opposite party appeared before the Forum through advocate. However, later the opposite party and the advocate remained absent. No version has been filed.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit and certain documents are produced. No affidavit for the opposite party is filed. We have heard the learned advocate for the complainant and perused the material on record.<br /> <br /> 5. Now, the points for our consideration are as under.<br /> 1. Whether the complainant has proved any deficiency on the part of the opposite party and that he is entitled to the reliefs sought?<br /> 2. What order?<br /> 6. Our findings are as under:-<br /> Point no.1 : Partly Affirmative <br /> Point no.2 : As per the order.<br /> <br /> REASONS<br /> <br /> 7. Point no. 1:- As noted here before, the complainant claims that, he made down payment of Rs.68,000/- and the remaining loan was to be repaid in 47 installments each of Rs.8,500/-. Further, the complainant claims, in fact he has paid all the installments. To substantiate that fact the complainant has filed his affidavit and so also produced receipts issued by the opposite party. The fact alleged in the complaint is support by the affidavit of the complainant and also the documents. The opposite party has not filed version and denied the case put forth by the complainant. Hence, absolutely there is no reason to suspect or disbelieve the case of the complainant.<br /> <br /> 8. It is claimed by the complainant that, after repayment of entire loan he requested the opposite party to issue clearance certificate and the opposite party instead of issuing clearance certificate called upon to pay a sum of Rs.15,868/-. It is stated by the complainant that in fact no amount is due. Considering the evidence on record, to substantiate the contention that, any amount is due, the opposite party has not placed any material on record. On the other hand the complainant has proved payment of all the installments. That is supported by the receipts of the opposite party. Hence, when the complainant has paid all the installments, it is for the opposite party to issue clearance certificate enabling the complainant to get the hypothecation cancelled from the RTO. Non compliance of the request of the complainant amounts to deficiency in service. Accordingly, we answer the point No.1 partly in affirmative. <br /> <br /> 9. Point No. 2:- From the discussions made above and conclusion arrived at, we pass the following order: <br /> <br /> ORDER<br /> <br /> 1. The Complaint is partly allowed.<br /> 2. The opposite party is hereby directed to issue clearance certificate in respect of loan of the complainant which is the subject matter of the present complaint, within a month from the date of the order.<br /> 3. Further the opposite party is hereby directed to pay a sum of Rs.3,000/- to the complainant towards compensation for mental agony and inconvenience within a month from the date of the order, on failure to pay the amount within the time, it will be carry interest at the rate of 10% p.a. till realization.<br /> 4. So also the opposite party shall pay a sum of Rs.500/- cost of proceedings to the complainant. <br /> 5. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 6th Oct 2009)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar. J)<br /> Member<br /> <br />