C.F. CASE No. : CC/11/14
COMPLAINANT : Sri Biswanath Tarafder,
S/o Lt. Mallick Ch. Tarafder,
Vill. & P.O. Duttapulia,
P.S. Dhantala, Dist. Nadia
Pin - 741504
OPPOSITE PARTY/OP : The Branch Manager,
Mahindra & Mahindra Financial Services Ltd.
17, R.N. Tagore Road,
P.O. Krishnagar, P.S. Kotwali, Dist. Nadia
PRESENT : SHRI KANAILAL CHAKRABORTY PRESIDENT
: SHRI SHYAMLAL SUKUL MEMBER
DATE OF DELIVERY
OF JUDGMENT : 29th April, 2011
: J U D G M E N T :
In brief, the case of the complainant is that he took a loan of Rs. 4,50,000/- to purchase a bus from the OP bank by executing an agreement dtd. 17.05.07 and in that agreement it was settled that the complainant had to pay the loan amount including interest by 40 equal monthly instalments @ Rs. 15,180/- each. Accordingly, he paid Rs. 15,323/- in one advance instalment and then 11 instalments by cheques and 28 instalments in cash for Rs. 15,180/- each to this OP. By this payment he repaid all the loan amount including interest being total Rs. 6,07,343/-. Thereafter, he asked the OP to issue NOC at which the OP demanded an excess amount of Rs. 7,986/- as fine for delay payment of cheque. His submission is that all the cheques were paid to the OP in due time and some of the cheques were post-dated also. So no question of delay payment does arise on his part. Rather the bank produced the cheque before his banker at a belated stage for clearance. He paid Rs. 7,986/- to the OP bank in cash on 23.08.10. In spite of that the OP did not issue any NOC in his favour. Thereafter he sent a letter to the OP bank on 30.08.10 requesting to issue NOC, but to no effect. So having no other alternative, this case is filed praying for the reliefs as stated in the petition of complaint.
OP has filed a written version in this case, inter alia, stating that the case is not maintainable in its present form and nature. It is his submission that the complainant took a loan of Rs. 4,50,000/- from this OP by executing an agreement. As per the terms and conditions of the agreement he paid 28 instalments in cash and 10 instalments by cheque of Rs. 15,180/ each. But he did not pay one instalment amounting to Rs. 15,180/- which is still due, even after his payment of Rs. 7,986/- as AFC. So the actual due amount is Rs. 10,361/- as on 09.03.11. As this amount is still due, so no question of issuing NOC in favour of the complainant does arise. So the complainant has no cause of action to file this case and the same is liable to be dismissed against him.
POINTS FOR DECISION
Point No.1: Has the complainant any cause of action to file this case?
Point No.2: Is the complainant entitled to get the reliefs as prayed for?
DECISION WITH REASONS
Both the points are taken up together for discussion as they are interrelated and for the sake of convenience.
On a careful perusal of the petition of the complaint and the written version filed by the OP along with the annexed documents filed by the parties and also after hearing the arguments advanced by the ld. lawyers for both sides it is available on record that this complainant took a loan of Rs. 4,50,000/- from the OP bank by signing an agreement with condition to repay the loan amount along with interest @ Rs. 15,180/- by 40 equal monthly instalments. Accordingly the complainant paid Rs. 15,323/- for the first instalment and thereafter he paid 28 instalments of Rs. 15,180/- each in cash. It is the case of the complainant that the rest 11 instalments were paid by him through cheques @ Rs. 15,180/- each, whereas the case of the OP is that one instalment amounting to Rs. 15,180/- was not paid by the complainant either by cheque or by cash. On this point the complainant filed a document issued by the OP bank dtd. 25.09.10 from which we find that by a cheque No. 560584 Rs. 15,180/- was paid by the complainant in favour of the complainant regarding which no whisper is made by the OP either in the written version or in the bank’s statement filed by him. On examining this document ld. lawyer for the OP submits that due to inadvertence this cheque number was not included in the loan repayment statement issued by the bank. He also submits that as this payment is done by the complainant, so there is no due amount on the side of the complainant for repayment of the total loan amount including interest. He frankly submits that the complainant has repaid the loan amount including the interest as per the terms and conditions of the agreement by one instalment in advance, 28 instalments in cash and 11 instalments by cheques. So after hearing the submission of the ld. lawyer for the OP, we find that the complainant duly repaid the loan amount including the interest as per the terms and conditions of the agreement. It is also established that due to inadvertence of the OP bank one instalment was shown as due which is a deficiency in service on the part of the OP bank. Besides this on examining the documents filed by the complainant and the OP we find that the complainant deposited some post dated cheques and all the cash amount were not paid on due dates due to which AFC amount of Rs. 7,986/- was charged by the OP bank. That amount was paid by the complainant also.
In view of the above discussions our considered view is that the entire loan amount along with the interest was duly repaid by the complainant and no amount is unpaid by him. We do also hold that in such a situation the OP bank ought to issue NOC in favour of the complainant. But due to the fault of the OP it was not issued in favour of the complainant for which the complainant is being harassed. We do further hold that as the complainant has become able to prove his case, so he is entitled to get a decree as prayed for. In result the case succeeds.
Hence,
Ordered,
That the case, CC/11/14 be and the same is decreed on contest against the OP. The complainant is entitled to have NOC from the OP. He is also entitled to get Rs. 5,000/- as compensation for deficiency in service caused by the OP plus litigation cost of Rs. 2,000/-. The OP bank is directed to issue and deliver the NOC to the complainant along with payment of the decretal amount of Rs. 7,000/- to the complainant within a period of one month since this date of passing this judgment, in default, the decretal amount will carry interest @10% per annum since this date till the date of realization of the full amount.
Let a copy of this judgment be delivered to the parties free of cost.
