SMT. BANDANA ROY, PRESIDENT

Complainant is a owner of schedule vehicle also he was a owner of another vehicle bearing Reg. No-WB 06B1960, Engine No. 6V84L70834, Chassis No. MA1YA28VN82M73631 and above mention vehicle was purchased with financial assistance by O.P. financer, Complainant  took the schedule vehicle on hire purchase basis/loan from O.P. At the time of loan agreement O.P’s office was established at Nandakumar. Complainant  purchased schedule vehicle from O.P. executing all formalities of O.P. but O.P. did not supply any documents /copy  of documents to your Complainant  at the time of loan agreement or thereafter and  Complainant  is in darkness regarding terms and condition of loan agreement.

Said loan was paid by your Complainant  on 19/04/2012. At the same time loan account balance and future balance was nil, no such payment was due from Complainant . After payment of all installment to the O.P. he did not supplied any clearance certificate or no dues certificate to Complainant .  Complainant  day after day request to O.P. for issue the clearance certificate but in vain. There after O.P. supplied a statement of account on dated 04.05.2015 in connection with schedule vehicle and vehicle Regd. No.- WB06 B 1960 from the statement of account your Complainant  came to know contract no. 923194 dated 17/12/2009 involving with the vehicle Regd.  No. WB06B1960 and contract no. 507412 dated 28/09/2006 involving with the schedule vehicle I,e. vehicle Regd. No. WB30C8760. Installment and other charges of both the vehicle was fully paid by your Complainant  but intentionally and willfully O.P. member did not provided any clearance or no dues certificate in connection with said vehicles in favour of Complainant . Loan tenure of installment is 59, installment period fixed from 28/09/2006 to 28/07/2011, EMI paid by your Complainant  in regular basis, if your Complainant  filed to deposit any EMI in due date, O.P. charge extra money and same was recovered from your Complainant , After receiving the statement of account your Complainant  came to know regarding AFC dues, then and then your Complainant  raised objection against illegal AFC charge imposed against your Complainant  by the O.P.

Complainant  several occasion requested to the O.P. member for issue NOC or clearance certificate but no fruitful result comes out from O.P. side. Thereafter Complainant  lodged a complaint against O.P. member before the Assistant Director CA & FBP Purba Medinipur at Tamluk on 29/07/2015. Assistant Director in-charge CA & FBP send a letter to O.P./ on 18/08/2015 for redressal the grievance of Complainant . O.P. member send a letter on 29/08/2015, by illegal demand to Complainant . O.P. member issue a letter to your Complainant  on dated. 27/11/2015 in connection with the schedule vehicle. Thereafter Complainant  meet with O.P. on 04/12/2015 on 04/12/2015 after elaborate discussion O.P. demanded from Complainant  Rs.50,000/- as a full and final settlement  in connection with schedule vehicle (contract No. 507412) and another vehicle being No. WB06B1960(contract No. 923194). On the same day your Complainant bound to except the proposal of O.P. as a result  Complainant  deposited Rs. 50,000/- as AFC charge. But O.P. intentionally issued the receipt being No. 23495754 on the agreement No. 923194 instead of said both agreement and bound to sign Complainant by pressure on said receipt. Then O.P. demand further money of Rs. 10,000/- for issuing the clearing certificate in connection with the schedule vehicle. As per instruction of O.P. Complainant  bounded to deposit and fulfills the said illegal demand of O.P. and Complainant  deposited the amount on 31/12/2015 but they did not give any clearing certificate/no objection certificate in connection with the schedule vehicle. O.P. send a NOC in connection with the vehicle being No. WB06B1960 (Contract No.923194) on 31/12/2015. O.P. deliberately, willfully, intentionally did not send NOC in connection with the schedule vehicle.

Point for decision – Is the complainant entitled to get necessary as prayed for ?

Decision with reasons

In spite of service of summon against O.P., O.P. did not turn up to contest the case, Hence considering the uncontroverted documents of the complainant, we have no   hesitation to hold that the complainant is entitled to get relive in this case.

Accordingly,

It is

O R D E R E D

Complainant and same be allowed  ex-party against the O.P. O.P. is directed to issue NOC/Clearance Certificate of the vehicle in dispute and pay compensation of Rs. 20,000/- and Litigation Cost of Rs. 5,000/- within one month from the date of this order, failing which O.P. will be liable to pay Rs. 100/- per day as penalty charges which will be deposited in the Consumer Welfare Fund.        

Let the copy of Judgment be supplied to the parties free of cost.