Tamil Nadu

North Chennai

CC/132/2017

B.Radhakrishnan - Complainant(s)

Versus

The Branch Manager ,Retail Portfolio Management HDFC Bank Ltd - Opp.Party(s)

party in person

06 Dec 2017

ORDER

                                                            Complaint presented on:  05.09.2017

                                                                Order pronounced on:  06.12.2017

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI(NORTH)

    2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

 

     PRESENT: THIRU.K.JAYABALAN, B.Sc., B.L., PRESIDENT

                    THIRU. M.UYIRROLI KANNAN B.B.A., B.L.,      MEMBER - I

 

WEDNESDAY THE 06^th DAY OF DECEMBER 2017

 

C.C.NO. 132/2017

 

 

B.Radhakrishnan,

Plot No.892, J Block, 18^th Street,

Vaigai Colony, Anna Nagar West,

Chennai – 600 040.

                                                                                             ..... Complainant

..Vs..

1. The Branch Managar,

Retail Portfolio Management,

HDFC Bank Ltd.,

110. 1^st Floor, B wing,

Nelson Manickam Road,

Aminjikarai, Chennai – 600 029.

 

2.Mr.R.Murali,

Officer Incharge,

Retail Loan Service Centre,

HDFC Bank Ltd.,

110, 1^st Floor, B Wing,

Nelson Manickam Road,Aminjikarai,

Chennai – 600 029.

                                                                                  ….. Opposite parties

                            

         

Date of complaint                                 : 06.10.2017

Counsel for Complainant                      : Party in Person

Counsel for Opposite Parties                   : Ex-parte (07.11.2017)

 

O R D E R

 

BY PRESIDENT THIRU. K.JAYABALAN B.Sc., B.L.,

          This complaint is filed by the complainant  to direct the opposite parties to issue No due certificate with form 35 and to return the six security cheques and also to pay compensation for unfair trade practice and mental agony with cost u/s 12 of the Consumer Protection Act.1986.

1.THE COMPLAINT IN BRIEF:

          The complainant availed a loan for a sum of Rs.3,50,000/- to purchase a car on 08.11.2011 from the 1^st opposite party. In respect of the said loan they entered a loan agreement between them. The complainant agreed to pay monthly EMI at the rate of Rs.7710/- through electronic clearing system (ECS) for 60 months. The loan starts from 05.12.2011 and ends on 05.10.2016. The complainant paid a sum of Rs.3,50,000/- towards principle and a sum of Rs.1,12,600/- towards interest and thus totally he had paid a sum of Rs.4,62,600/- to opposite party. A hypothecation endorsement was also made in the complainant’s RC book in favour of the 1^st opposite party.

          2. Even after receipt of entire loan amount, the 1^st opposite party has not issued ‘No due certificate (NDC)’ with form-35. He had also not returned six cheques received for security purpose. As per the statement of account maintained by the opposite party 6 EMI’s were not realized. However the said installments were realized with in that month. Therefore, actually there is no due from the complainant to the 1^st opposite party in respect of the loan availed by him. The complainant sent a legal notice dated 07.07.2017 to the opposite party to issue the no due certificate. Even though the 1^st opposite party acknowledged the notice, he did not issue the certificate and there by the opposite parties have committed deficiency in service.

          3. The opposite parties 1and 2 have received notice to appear for the hearing on 07.11.2017 and however they remained absent and they were set ex-parte.         

4. POINTS FOR CONSIDERATION:

          1. Whether there is deficiency in service on the part of the opposite parties?

          2. Whether the complainant is entitled to any relief? If so to what extent?

5. POINT NO :1 

          The complainant availed a loan for a sum of Rs.3,50,000/- to purchase a car on 08.11.2011 from the 1^st opposite party. In respect of the said loan they entered Ex.A1 loan agreement between them. The complainant agreed to pay monthly EMI at the rate of Rs.7710/- through electronic clearing system (ECS) for 60 months. The loan starts from 05.12.2011 and ends on 05.10.2016 .

6. The complainant paid a sum of Rs.3,50,000/- towards principle and a sum of Rs.1,12,600/- towards interest and thus totally he had paid a sum of Rs.4,62,600/- to the 1^st opposite party. Ex.A16 statement of account maintained by the opposite party is the proof for payment of the aforesaid amount. After payment of the entire amount the complainant demanded the 1^st opposite party to issue NDC to him in order to raise the hypothecation endorsement made in the RC book in favour of the 1^st opposite party. In respect of the same several correspondences were exchanged between the complainant and the 1^st opposite party are marked Ex.A6 to Ex.A15. Even after such correspondences and also receipt of Ex.A17 legal notice the opposite parties have not issued NDC.

7. The contention of the opposite parties is that 6 payments of EMI were not realized and hence they did not issue NDC. The complainant specifically averred in para 7 of the complaint that all the six EMI’s were paid within those months itself and hence, he is not due to pay to the opposite party in respect of the loan availed by him. There is no contra evidence on behalf of the opposite parties and hence the complainant case has to be accepted. Considering the above discussions, it is held that the complainant had paid all the due amount to the opposite parties for the loan availed by him and hence it is further held that the opposite parties 1 and 2 have committed deficiency in service by not issuing the NDC and other documents.

08. POINT NO:2

The opposite parties having received the entire payment from the complainant in respect of the auto loan availed by him, they owe a duty to issue NDC with form – 35 and to return 6 security cheques handed over by the complainant at the time of availing loan. Hence, the opposite parties 1 and 2 can be directed to issue NDC with form -35 and 6 security cheques to the complainant. Further, failure to issue the above said documents is an unfair trade practice and also caused mental agony to the complainant and hence in this respect the opposite parties can be directed to pay a sum of Rs.50,000/- as compensation to the complainant, besides a sum of Rs.5000/- towards litigation expenses.

In the result the complaint is party allowed. The opposite parties 1 & 2 jointly  or severally are ordered to issue No Due Certificate (NDC) with form -35 and 6 security cheques to the complainant and also to pay a sum of Rs.50,000/-(Rupees fifty thousand only) towards compensation for unfair trade practice and mental agony,  besides a sum of Rs.5000/-(Rupees five thousand only) towards litigation expenses.

The above amount shall be paid to the complainant within 6 weeks from the date of receipt of the copy of this order failing which the above said amount shall carry 9% interest till the date of payment.

          Dictated to the Steno-Typist transcribed and typed by her corrected and pronounced by us on this 06^th day of December 2017.

 

MEMBER – I                                                                PRESIDENT

LIST OF DOCUMENTS FILED BY THE COMPLAINANT:

Ex.A1 dated 08.11.2011                   Letter from opposite party to complainant with

                                                    agreement copy schedule of EMI payment

 

Ex.A2 dated 08.11.2011                   Statement for repayment of loan

 

Ex.A3 dated 18.01.2017                   complaint through e-mail

 

Ex.A4 dated 18.01.2017                   Reply mail from opposite party

 

Ex.A5 dated 19.01.2017                   Mail from opposite party

 

Ex.A6 dated 28.01.2017                   Mail from opposite party

 

Ex.A7 dated 29.01.2017                   Mail send by complainant

 

Ex.A8 dated 30.01.2017                   Mail from opposite party

 

Ex.A9 dated 02.03.2017                   Notice by complainant to opposite party with

                                                    Acknowledgement

 

Ex.A10 dated 13.04.2017                 Mail send by complainant

 

Ex.A11 dated 13.04.2017                 Mail from opposite party

 

Ex.A12 dated 15.04.2017                 Mail from opposite party

 

Ex.A13 dated 17.04.2017                 Mail send by complainant

 

Ex.A14 dated 19.04.2017                 Mail from opposite party

 

Ex.A15 dated 27.04.2017                 Mail from opposite party

 

Ex.A16 dated 11.05.2017                 Statement of Accounts

 

Ex.A17 dated 07.07.2017                 Legal Notice by complainant to opposite party

                                                    with acknowledgement

 

 

 

MEMBER – I                                                               PRESIDENT