Date of filing : 23-06-2012
Date of order : 22 -02-2013
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.211/2012
Dated this, the 22nd day of February 2013
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT. K.G.BEENA : MEMBER
A.M.Ibrahim, : Complainant
S/o.Mohammed,
R/at.Cerangai Kadapuram,
Po.Kudlu, Kasaragod.Dist.
(Adv.A.Balakrishnan Nair, Kasaragod)
1. The Branch Manager, Indis Ind Bank Ltd, : Opposite parties
2nd floore, Madan’s Arcade,, Hosdurg,
Kanhangad. 671315.
2. Indus Ind Bank Ltd, Corporate Office,
701, Solitaire Corporate Park,167-Guru
Hargovindji Marg, Andheri (E) Mumbai.400093.
O R D E R
SMT.K.G.BEENA, MEMBER
The case of the complainant Sri.Ibrahim is that he availed a vehicle loan of Rs.8,00,000/- from the opposite parties for the purchase of the vehicle KL-14 H 2366 as per contract number EGA 01932 dated 21-08-2008. After repaying the entire loan amount with interest, opposite parties failed to issue clearance certificate to the complainant. Hence the complainant filed this complaint alleging deficiency in service on the part of opposite parties.
2. Adv.A.Manikantan from Hosdurg filed vakkalath for opposite parties. But version is not seen filed. As per the request of both parties matter is posted in the adalath. After discussions in the adalath the matter is posted for reporting settlement. Thereafter opposite parties has not interested in countering the case. Complainant reported before the Forum that he has paid Rs.5150/- on 22-10-2012 but opposite parties failed to issue clearance certificate.
3. Complainant filed proof affidavit in support of his case. Exts A1 to A5 marked. In his affidavit the complainant stated that he has availed a vehicle loan of Rs.8,00,000/- from opposite parties for the purchase of the vehicle KL-14 H 2366 on 21-08-2008. The EMI was Rs.24,900/- till 21-02-2012 and thereafter Rs.22,900/- and the last instalment was Rs.19,600/- As per the repayment chart the complainant remitted the amount on every month on verifying the account, complainant came to know that he has made excess payment to opposite parties. On enquiry the opposite parties again insisted the complainant to pay Rs.14,200/- towards last instalment. Eventhough the complainant was ready with amount opposite parties did not accept the same. According to the complainant the demand of Rs.14,200/- by opposite parties is against the contractual agreement and is unfair trade practice and deficiency in service. Opposite parties are bound to issue clearance certificate at the earliest after closing the loan by the complainant. But they are evading from issuing clearance certificate. After settling the matter in adalath on 20-10-2012 complainant represented before the Forum that after the discussion in adalath complainant complied his part and paid the amount as per the demand of opposite parties and produced Ext.A5. But opposite parties failed to issue clearance certificate hence evidence is taken. Exts A1 to A5 marked.
Considering the materials on record we are of the view that opposite parties are liable to issue clearance certificate to the complainant at the earliest. Hence opposite parties are directed to issue clearance certificate pertains to the vehicle belongs to the complainant bearing Reg.No.KL-14 H-2366 with a cost of Rs.5000/- within 30 days from the date of receipt of copy of this order. Failing which on application by the complainant appropriate directions will be issued to the registering authority to cancel the endorsement from the RC of the vehicle bearing Reg.No.KL14 H 2366 stands in the name of opposite parties.
Sd/- Sd/-
MEMBER PRESIDENT
Exts.
A1. Repayment Schedule for the contract No.EGAA01932.
A2. 04-05-12 copy of lawyer notice
A3.&A4. Postal acknowledgement cards.
A5. 22-10-12 Receipt
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
SENIOR SUPERINTENDENT
Pj/
