Orissa

Rayagada

CC/35/2018

Sri Gopal Setty Sairam - Complainant(s)

Versus

The Branch Manager, HDFC Bank - Opp.Party(s)

Self

26 Jun 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

    POST  /  DIST: Rayagada,  STATE:  ODISHA,  Pin No. 765001.

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C.C. Case  No. 35 / 2018.                        Date.   26    .    06   . 2019.

P R E S E N T .

Dr. Aswini  Kumar Mohapatra,                                   President

Sri Gadadhara Sahu,                                                    Member.

Smt.Padmalaya Mishra,                                              Member

 

Sri Gopal  Setty Sairam,   AT:MIG-25,PHA SE-2,  Housing Board colony, Rayagada  Po/Dist:             Rayagada , 765 011  (Odisha).                                                            …             Complainant.

               

                Versus.

         

1.The  Branch  Manager, HDFC Bank, Rayagada- 765  001...Opposite parties.

For the Complainant:- Self.

For the O.Ps :-  Set exparte.

JUDGEMENT

 

          The  factual matrix of the case is that  the above named complainant alleging deficiency in service  against  afore mentioned O.Ps    for non issue of the trade certificate towards availing loan  account No. 39307851  bearing vehicle No.OD-18B-8866  for which  the complainant  sought for redressal of the grievances raised by the complainant.

On being noticed O.Ps neither entering in to appear before the forum nor filed their  written version inspite of more than  10 adjournments has been given  to them. Complainant consequently filed his memo and prayer to set exparte of the O.Ps.  Observing lapses of around 1 year  for which the objectives  of the legislature of the C.P. Act going to be destroyed to the prejudice of the interest of the complainant.  Hence after hearing  the  counsel for the complainant set the case  exparte against the O.Ps. The action of the O.Ps is against the principles of  natural justice as envisaged  under section  13(2) (b)(ii) of the Act. Hence the O.P. set exparte  as the statutory period  for filing of  written version was over to close the case with in the time frame permitted by the C.P. Act.

          We therefore constrained to  proceed to dispose of the case, on its merit.  Heard from the complainant.   We perused the complaint petition and the document filed by the complainant.

         FINDINGS.

            During the exparte  hearing the complainant examined himself and proved that he had availed a loan vide loan account No. 39307851 towards vehicle No. OD-18B 8866  i.e. Car  from the  O.P. (Bank) for his personal use(copies of the  R.C.  is in the file which is marked as Annexure-I). The complainant had also cleared the said loan  on Dt.21.2.2018 and the O.P. had also issued a loan closure certificate on Dt. 22.2.2018 (copies of the  Loan closure letter and  NOC which was issued by the O.P.   are in the file  marked as Annexure Annexure-2 & 3).

 

            The main grievance  of the complainant is that  as per the terms and condition of the loan the  O.P. should issue a Trade certificate after clearance  of any vehicle loan so that the complainant shall get the right to sell the same to any other person.  Inspite of repeated  contact with the O.P. he has not issued  Trade certificate in favour of the complainant. Hence this case.

 

After carefully examining the evidence on record, we find no cogent reason  to disbelieve or discard the evidence already adduced by the complainant. The documentary evidence  tendered by the complainant clearly tends support and absolute corroboration   to  the evidence.  

In absence of any rebuttal materials from the side  of   O.Ps  there is no reason to disbelieve the evidence put forth  by the  complainant  before the forum  whose evidence  suffers from no infirmity. The evidence adduced by the complainant  clearly leads us to arrive at a just conclusion that there is not only deficiency  in service  but also negligence  on the part of the O.Ps in not issued  Trade certificate in favour of the complainant after payment of  dues towards above  loan  account  as per the  provisions laid down under section 14 of the  C.P. Act.

On careful analysis   of the evidence on record both oral and documentary, we are clearly of the opinion  that  inspite of doing the needful, the O.Ps are failed to redress the deficiency in service and as a result the complainant was constrained  to file this complaint before the forum claiming the relief as sought for. 

           This forum observed not responding to the grievance of a genuine consumer amounts to deficiency in service and in that line we hold that  the  O.P.    is  liable  to issue  Trade certificate in favour of the complainant after closing  the loan account.

Hence to meet  the  ends  of  justice,  the following   order is  passed.

ORDER

 

                  In resultant the complaint  stands  allowed  on exparte in part against the  O.P.             

    The  opposite party  is directed  to  issue  Trade certificate in favour of the complainant            towards loan account  No. 39307851 bearing vehicle No. OD-18-B- 8866  i.e. Car.  No cost and compensation are allowed to the complainant in this case  as the complainant has not filed any documentary  evidence  towards  suffering for  mental agony.       

The above order is to be complied by the O.Ps   within one month from the date of receipt of this order.

                  A copy of this order as per the statutory requirements, be forwarded to the parties    free of charge.

 

       Dictated and corrected by me.

 

       Pronounced in open forum today on this          26th. day of  June, 2019 under the seal and signature of this forum.

                   

Member.                                                          Member.                                  President.