Orissa

Debagarh

cc/26/2014

Saroj Dash, aged about 40 yrs. - Complainant(s)

Versus

The B.M. H.D.F.C Bank, Deogarh - Opp.Party(s)

25 Mar 2015

ORDER

IN THE COURT OF DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, DEOGARH.

                                                C.D.C.No.34/2014.

Present: - Sri Pravat kant Dash, President, Smt. Arati Das, Member (W) and Sri Pratap Chandra Mahapatra, Member.

Saraj Dash, aged about 40 Yrs.,

At/- Rajamunda, W.No.10,

Post/Dist/-Deogarh.                                        ….                    Complainant.

 

                        Versus

 

The Branch Manager,

H.D.F.C.Bank, Deogarh Branch,

At/Post/Dist/-Deogarh.                                               ….                    Opp.Party.

 

                        For the Complainant: Nemo.

                        For the Opp.Party      : A.K.Sahoo, T.K.Dhal, Advocate.

 

                        DATE OF HEARING; 25.03.2015, DATE OF ORDER: 25.03.2015.

 

                        SRI PRATAP CHANDRA MAHAPATRA,MEMBER :- The genus of the case lies is in  the fact that Sri S.K.Dash a permanent resident of Rajamunda W.No.10,Deogarh municipality ,Deogarh had purchased one Honda Aviater vehicle bearing Regd.No.OD-14A-1116 under hire purchase agreement which the Opp.Parties namely H.D.F.C.Bank Deogarh Branch At/Post/Ps/Dist/-Deogarh . Long after repaying the loan amounts, approaching several times to the bank authorities neither the loan closure certificate nor the N.O.C was issued to the complainant by the Opp.Party. Hence, the complaint.

                        It is contended by the complainant, much before the last due date for payment of the loan is full and final, he had paid the final calculated claim amount of Rs.11, 857.59 Ps on 17.10.2014. Even thereafter, O.P was arrogant to comply him necessary documents like loan closure certificate, N.O.C and blank cheques issued by him in favour of the O.P bearing No.008549, 008550,008551 on 30.3.2013. Complaint is filed before this forum on 29.12.2014 .This span of time I.e., from 17.10.2014 to 29.12.2014, we believe is sufficient to dispose the matter by the Opp.Party. O.P is no instant of time have neither denied complainants averments as to within “that the petitioner rushed to the office of the O.P in several time to obtain clearance certificate along with blank cheques “nor had intimated complainant as to the reason of such delay.

                        Opp.Party had filed before this forum the loan closure certificate and the N.O.C but have not returned the issued cheques and have also not filed their written version.

                        Under circumstances, we proceed to decide the case on merit of facts in records and we find Opp.Party is deficient in services.

 

 

                                                            ORDER.

                                    Petition is allowed .Opp.Party is directed to return the blank cheques bearing No.008549, 008550,008551 of 30.3.2013 to the complainant immediately within a week. Opp.Party is also directed to pay Rs.5000/- (Rupees five thousands) as compensation for mental agony and harassment and Rs.1000/- (Rupees one thousand) towards the litigation cost within 45 days  from pronouncement of this  order , failing which O.P should pay an extra amount @ 9% towards interest on the said  mount . Office is directed to hand over the loan closure certificate and the N.O.C filed in this forum to the complainant on obtaining acknowledgement from the complainant.

                                    Order pronounced in the open court today I,e,on 25^th day of March,2015 under my hand and seal of this forum.

 

I    agree,                     I    agree,

 

MEMBER.                    PRESIDENT.                                         MEMBER.

 

                        Dictated and Corrected

                                    By me.

 

 

                                    MEMBER.