Orissa

Debagarh

CC/31/2020

Debakalyani Sahoo, age 52 years, D/O-Maguni Charan Sahoo - Complainant(s)

Versus

The Branch Manager, KISHORE TVS, TVS Credit Finance and Loans Branch - Opp.Party(s)

19 Feb 2021

ORDER

BEFORE THE PRESIDENT, DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION, DEOGARH

C.C NO-31/2020

Debakalyani Sahoo, age 52 years,

D/O-Maguni Charan Sahoo,

R/O-Hospital Colony,

P.O/P.S/-Reamal,Dist-Deogarh.                                              …    Complainant.

                                                                            -Versus-

1.        The Branch Manager,

KISHORE TVS,

TVS Credit Finance and Loans Branch,

Near Tata Nagar Petrol Pump, Ainthapali,

Dist-Sambalpur(Orissa)- 768004

2.         The Branch Head,

TVS Credit Services Limited,

                  At- Jayalakshmi Estate,29, Haddows Road,

                  Chennai-600006

               Counsels -

               For the Complainant :                                      Nemo

               For the Opposite Party No-1 :                         None

                      For the Opposite Party No-2 :                         None

 

          DATE OF HEARING :15.01.2021, DATE OF ORDER ; 19.02.2021

 SRI DIPAK KUMAR MAHAPATRA,PRESIDENT:- Brief facts of the case is that the Complainant in the month of July-2015, has availed a Auto loan amounting to Rs.52,139/- from the O.P-2 for the purchase of a New TVS JUPITER 110 CC Scooter of GREY colour, vide Loan Agreement No.-OR3051TW39528. The EMI was Rs. 3,201/-for 18 installments which commenced from dtd.07.08.2015 and ended on dtd. 07.01.2017. The Complainant has paid Rs. 5,479/- as finance charges and Rs. 1,875/- for processing charges to the O.P-2. After payment of the EMIs she asked the O.P-2 to issue a “No Due Certificate” against the loan rather compelled her to take another loan from him and then only he will issue “No Due Certificate”. But the Complainant simply denied the offer made by the O.P-2 but requested to issue NDC. When the Complainant felt that the Scooter is of no use to her she wanted to sell it but she could not be able to sell the Scooter for the reason of lacking No Due Certificate. For the above reasons the Complainant sustained financial loss, mental pain and agony due to Deficiency in Service and Unfair Trade Practice caused by the O.Ps.

The O.P-1 & 2 are made ex-parte in this case and hearing conducted exparte under Rule-6 of Order-9 of Civil Procedure Code as they did not bother to appear before this Commission even after sufficient service of notices.

POINTS OF DETERMINATION:-

1. whether the Complainant is comes under the purview of Consumer Protection Act,2019?
2. whether the Commission has jurisdiction to try this case?
3. whether the O.Ps has committed any Unfair Trade Practice to the Complainant?

 From the above discussion and going through the payment schedule/statements filed by the Complainant, we inferred that the Complainant has cleared the entire loan amount to the O.Ps on dtd. 07.01.2017 with a remark of “AVANCE EMI” still they became reluctant to issue “No Dues Certificate” favoring the Complainant and they have committed Deficiency in Service along with Unfair Trade Practice. This matter is well settled in the case of Shriram Transport Finance ... vs Madhav Ankush Naikwade on 11 April, 2014, decided by State Consumer Disputes Redressal Commission, MUMBAI CIRCUIT BENCH AT AURANGABAD. Hence we order as under:-

                                                                                ORDER

The Complaint petition is allowed. The O.Ps are directed to issue No Dues Certificate in favour of the Complainant. Further they are jointly and severally directed to pay Rs.7,000/- (Rupees Seven Thousand)onlyas compensation, Rs.3,000/- (Rupees Three Thousand ) for mental agony of the petitioner and Rs.2,000/- (Rupees Two thousand ) as litigation expenses to the petitionerwithin 30 (Thirty ) days of receipt of this order failing which the O.Ps are liable to pay penal interest of 9% per annum on the above amounts.

Office is directed to supply the free copies of the order to the parties receiving acknowledgement of the delivery of thereof.

Order pronounced in the open court today i.e. 19^th day of February, 2021 under my hand and seal of this Commission.

 

                  I      agree,                                  I       agree,                  

           

          MEMBER(W).                                     MEMBER                                    PRESIDENT.

                           Dictated and Corrected

                                         by me.

 

                     PRESIDENT.