O R D E R<br /> <br /> <br /> <br /> SRI.D. KRISHNAPPA, PRESIDENT:<br /> <br /> <br /> The grievance of the complainant against the Op in brief is, that he had obtained a vehicle purchase loan from Op by securing a loan of Rs.3,58,000/- repayable in monthly installments of Rs.12,000/- each. During January 2008 he approached the Branch of Op to know about the status of the loan and told him his intention to settle the loan fully. Then the branch of the Op told him that a sum of Rs.46,000/- was out standing as on that date and he was told to deposit Rs.50,000/-. Accordingly, he on 01/02/2008 gave a cheque for Rs.50,000/- which is accepted by the Op branch which amount was realized by the Op. That he after paying the entire outstanding amount visited Op branch and asked for No Due Certificate and excess amount he has paid. But the Op branch told him that still he was due Rs.32,923/-. As per the copy of the statement given by the Op dated 27/07/2008. Then he on receipt of this statement made several visits to the Op but did not get proper reply regarding several illegal charges levied on him. That Op gave another statement dated 24/07/2009 showing outstanding amount of Rs.54,541/-. Then he was shocked to know from the statement that Op had made inconsistent statement on 27/07/2008 and 24/07/2009 regarding balance amount. That an amount of Rs.12,000/- paid by him towards loan account of 31/03/2007 is reflected in the statement dated 27/08/2008 but did not reflect in the statement dated 24/07/2009. Therefore, alleging that the Op has adopted unfair trade practice got issued a legal notice to the Op and though it is served he has not issued No Due Certificate and therefore, has prayed for a direction to Op to issue No Due Certificate and to refund excess money and also to pay Rs.25,000/- as damages and cost. <br /> <br /> The Op to whom notice of this complaint is duly served has remained absent as such is placed ex-parte. <br /> <br /> In the course of enquiry into the complaint, complainant has filed his affidavit evidence reproducing what he has stated in his complaint. The complainant has produced a copy of the receipt for having paid Rs.5,000/- on 01/02/2008, copies of statement of his account and copy of legal notice he got issued to the Op. We have heard the counsel for the complainant and perused the records.<br /> <br /> The complainant who admitted to had obtained loan of Rs.3,58,000/- from the Op was to be repaid in monthly installment of Rs.12,000/- each but has not stated number of installments payable and when the last installment to be paid. He has also not stated how many installments he has paid or whether he has paid all the installments or not. He has also not come out whether he had committed any default in paying installment which led the Op to charge him for over due charges and for penal interest. Complainant himself has admitted that when he approached the branch of Op during January 2008 they told him that a sum of Rs.46,000/- was outstanding and he was directed to pay Rs.50,000/- towards closure of the loan account. But the complainant has not stated which branch he had approached and which official had told him about the outstanding amount. If that was so he could have obtained a letter from the Op branch giving details of out standing amount. Therefore what is stated by the complainant is only his statement and he has not produced any material before us to show that during January 2008 he was due only Rs.46,000/-. Admittedly the complainant has not obtained any letter or document from the Op to fix his liability towards repayment by indicating the outstanding amount. No doubt, the complainant shown to have paid Rs.15,000/- through a cheque on 01/02/2008 to the Op but even at that stage also the complainant did not obtain any letter or documents from the Op as regarding the amount due by him. Hence, the claim of the complainant that he was informed by a branch of Op that he was due only Rs.46,000/- at a particular stage can not be believed.<br /> Then coming to the other contention of the complainant that when he approached the Op for issue of No Due Certificate and asked the Op to give statement, they gave statement dated 27/07/2008 showing amount due as Rs.22,923/-. As against that statement and the claim of the Op, it looks the complainant did not take up the matter with the Op, if he was not due anything and that amount claimed was in excess. The complainant thereafter keeping quite obtained another statement dated 24/07/2009 under which Rs.34,541/- was claimed as due. The second statement is given after about a year after the earlier statement. On perusal of the statement produced by the complainant, we see that the Op has charged over due charges etc., on the over due amount by the complainant. The complainant has not invited our attention to any specific or particular over due charges levied on him by Op demonstrating that it is excessive or illegal and he is also not in a position to demonstrate before us by inviting our attention to statement of account to any irregularity in taking account. The complainant therefore without discharging the entire loan due by him to the Op can not asked for no due certificate. The complainant as long as has not cleared the loan with other charges as agreed under the terms of the loan is not entitled for No Due Certificate. Complainant since has not been able to prove that which act or omission of the Op is deficient he is not be entitle for any relief. As such the complaint is liable to be dismissed and therefore, we pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is dismissed. No cost<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 22nd July 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />