Tamil Nadu

Nagapattinam

CC/31/2014

N. Nagarajan, C/O Annapalam - Complainant(s)

Versus

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

T. Somasutharam

31 Oct 2014

ORDER

Date of Filing      : 05.08.2014

                                                                                       Date of Disposal: 31.10.2014

           

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

NAGAPATTINAM

 

PRESENT: THIRU.P.G.RAJAGOPAL, B.A.B.L.,         …..PRESIDENT

    THIRU.A.BASHEER AHAMED,B.Com., ….  MEMBER I

               Tmt. R.GEETHA, B.A.,                             …. MEMER II

 

 

CC. No.31/2014

 

DECIDED ON THIS 31^st  DAY OF OCTOBER  2014.

 

 

              Annappazham. P

              W/o Panneerselvam

              Adiyakkamangalam Village,

              Tiruvarur Taluk and District.

  Represented by her Power Agent

   N.Nagarajan, S/o Narayanan

   South Street, Kilvelur Town & Taluk

   Nagapattinam District                                           …..Complainant

                                                                                                  

                                                                /versus/

                                   

The Branch Manager,

       ICICI Bank, Pava Complex,

       Muthu Salai, Mayiladuthurai.                               ….. Opposite party

 

 

 

            This complaint having come up for final hearing before us on 30.10.2014, on perusal of the material records and on hearing the arguments of Thiru.T.Somasundaram, Counsel for the complainant, the opposite party  having been set exparte and having stood for consideration, till this day the Forum passed the following

      ORDER.

     By the President, Thiru.P.G.Rajagopal, B.A.B.L., 

This  complaint  is  filed  by  the  complainant  u/s  12  of  the  Consumer Protection  Act 1986.

                                    2. The gist of the complaint filed by the complainant is that he borrowed loan from the opposite party in loan No.LPTVR00010817512 and discharged the entire loan on 24.05.2010 as per the instructions of the opposite party.  But the opposite party has fail to issue the Clearance Certificate despite the repeated request in person. Finally on 04.08.2012 the   complainant issued the notice to the higher officials of the opposite party through his Advocate and no reply is sent by the said officials and the opposite party has not issued the Clearance Certificate even thereafter.  It is deficiency of service on his part and hence order may be passed to direct the opposite party to issue the loan Clearance Certificate and to pay the sum of Rs.90,000/- towards compensation for the mental agony and lose caused to him owing to the deficiency of service of the opposite party and also to pay the cost of this litigation and grant such and other reliefs as this Forum would deem fit.

                        3. Despite the receipt of notice of this complaint the opposite party has not taken care to appear before this Forum and submit his objections and hence he was set exparte on 13.10.2014.  The complainant has filed his proof affidavit reiterating all the averments made in the complaint and has filed two documents which are marked as Exhibits A1 to A2.

4. Points for consideration:-

1. Whether there is deficiency of service on the part of the opposite party?
2. Whether the complainant is entitled to any relief? If so to what?

5. Point 1:  Exhibit A1 is the payment receipt filed by the complainant in evidence of the discharge of the loan amount due from him to the opposite party. It evidences that the sum of Rs.34,450/- has been remitted to the opposite party.  Exhibit A2 is the office copy of the notice sent by the complainant through his Advocate to the General Manager, ICICI Bank, Mumbai and Nodal Officer ICICI Bank, Hyderabad, the higher officials of the opposite party requesting them to cause the no objection certificate to be issued by the opposite party within 10 days from the receipt of the notice.  Even thereafter the no objection certificate has not been given by the opposite party to the complainant.

                        6. The very fact that the opposite party has not appeared before this Forum on the receipt of the notice of this complaint gives an inference that they have no objections to the allegations made by the complainant in his complaint.  In other words the opposite party is deemed to have admitted the allegation of deficiency of service made by the complainant against him.  Therefore this Forum finds that there is deficiency of service on the part of the opposite party because of this failure to issue no objection certificate to the complainant, instead of the total discharge of the loan due from him.

                        7. Point 2: In the result the complaint is allowed.  The opposite party is directed to issue the no objection certificate to the complainant and to pay the sum of Rs.90,000/- (Rupees ninety thousand only) towards compensation for the mental agony, hardship and loss caused to the complainant owing to his deficiency of service and to pay the sum of Rs.1000/-(Rupees one thousand only) towards cost of this litigation within 30 days from the date of this order, failing which the said amount shall carry an interest at the rate of 12% per annum from the date of this order till date of its realization.

This order is dictated by me to the Steno-Typist, transcribed, typed by him, corrected and pronounced by me on this  31^st  day of  October 2014.

 

 

 

    MEMBER I                                    MEMER II                                      PRESIDENT

 

 

List of documents filed by the complainant

 

Ex.A1/Dt.24.05.2010: The Xerox copy of the Payment Receipt for Rs.34,450/- of the

   complainant given by the opposite party.

Ex.A2/Dt.04.08.2012:  The Xerox copy of the Notice sent by the complainant’s Advocate

    to the Higher officials, of the opposite party.

 

 

 

    MEMBER I                                     MEMER II                                            PRESIDENT

 

 

 

 

DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM,

NAGAPATTINAM.

 

CC.No.31/ 2014

Order Dt.:31.10.2014.